Harcourt v FEF Griffin & Ors [2007] EWHC 1500 (QB) (27 June 2007)

Harcourt v FEF Griffin & Ors [2007] EWHC 1500 (QB) (27 June 2007)

Where there is a real basis for concern that a realistic award may not be satisfied by available insurance or assets, and where such information is necessary for the claimant and court to make informed decisions about the form and pursuit of damages, the court may order disclosure of the nature and extent of insurance cover under CPR r. 18.

Citation
[2007] EWHC 1500 (QB)
Parties
Claimant: Josh Harcourt; First Defendant: Fef Griffin (Representative of Pegasus Gymnastics Club); Second Defendant: Ovidiu Rugina; Third Defendant: Iqnut Trandaburu
Jurisdiction
England and Wales
Judgment Date
27 June 2007
Procedural Posture
Personal Injury / Interlocutory Application Regarding Disclosure of Insurance Details (part 18 Request)
Outcome
Application granted
Legal Topics
Disclosure of Insurance Details, Periodical Payments, Damages Assessment, Conditional Fee Agreements, Vicarious Liability
Civil Procedure Personal Injury Disclosure of Insurance Details Periodical Payments Damages Assessment Conditional Fee Agreements Vicarious Liability

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Parties

Josh Harcourt

Claimant

Fef Griffin (Representative of Pegasus Gymnastics Club)

First Defendant

Ovidiu Rugina

Second Defendant

Iqnut Trandaburu

Third Defendant

Procedural Posture

Personal Injury / Interlocutory Application Regarding Disclosure of Insurance Details (part 18 Request)

Legal Issues

  1. 1 Whether the defendants must disclose the nature and extent of their insurance cover in response to a Part 18 request
  2. 2 Whether such disclosure is necessary for the claimant and court to properly consider periodical payments versus lump sum damages

Ratio Decidendi

Where there is a real basis for concern that a realistic award may not be satisfied by available insurance or assets, and where such information is necessary for the claimant and court to make informed decisions about the form and pursuit of damages, the court may order disclosure of the nature and extent of insurance cover under CPR r. 18.

Court Disposition

Application granted

Orders

  • Defendants to reply in full to the Part 18 request for information regarding insurance cover.