Amtrust Europe Limited v MD Insurance Services Limited & Anor

Amtrust Europe Limited v MD Insurance Services Limited & Anor

The application for summary judgment and strike out is rejected as the existence of a duty of care is arguable and factual disputes require trial; amendments to pleadings introducing new claims against MDWIS/MDWSS do not arise from substantially the same facts and are outside the limitation period, thus are disallowed; only the duty of care claim as originally pleaded is permitted to proceed.

Parties
Claimant: AmTrust Europe Limited; First Defendant: MD Insurance Services Limited; Second Defendant: MD Warranty Inspection Services Limited; Proposed Third Defendant: MD Warranty Support Services Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Commercial Court Claim / Ruling on Applications to Amend, Add Parties, and Summary Judgment/strike Out
Outcome
Application for summary judgment and strike out dismissed; disputed amendments disallowed except for duty of care claim; other uncontested amendments to be dealt with by agreed order.
Legal Topics
Duty of Care, Limitation Periods, Summary Judgment, Strike Out, Amendment of Pleadings, Vicarious Liability
Insurance Law Professional Negligence Contract Law Tort Law Duty of Care Limitation Periods Summary Judgment Strike Out +2 more

Case Brief

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Parties

AmTrust Europe Limited

Claimant

MD Insurance Services Limited

First Defendant

MD Warranty Inspection Services Limited

Second Defendant

MD Warranty Support Services Limited

Proposed Third Defendant

Procedural Posture

Commercial Court Claim / Ruling on Applications to Amend, Add Parties, and Summary Judgment/strike Out

Legal Issues

  1. 1 Whether MDWIS/MDWSS owed a duty of care to AmTrust
  2. 2 Whether amendments to the Particulars of Claim are time-barred or arise from substantially the same facts
  3. 3 Whether summary judgment or strike out is appropriate

Ratio Decidendi

The application for summary judgment and strike out is rejected as the existence of a duty of care is arguable and factual disputes require trial; amendments to pleadings introducing new claims against MDWIS/MDWSS do not arise from substantially the same facts and are outside the limitation period, thus are disallowed; only the duty of care claim as originally pleaded is permitted to proceed.

Court Disposition

Application for summary judgment and strike out dismissed; disputed amendments disallowed except for duty of care claim; other uncontested amendments to be dealt with by agreed order.

Orders

  • Summary judgment application dismissed
  • Strike out application dismissed