AXA France IARD SA v Santander Cards UK Limited

AXA France IARD SA v Santander Cards UK Limited

Santander is liable to indemnify AXA (now standing in the shoes of FICL/FACL/Genworth) for redress payments and FOS fees arising from pre-2005 PPI mis-selling under the agency agreement, as the indemnity applies to regulatory liabilities caused by GECB's acts or omissions as agent, regardless of the date of sale. No binding settlement was reached in June 2015 as the agreement was subject to contract and not finalised. The contribution claim fails as AXA was not under a civil liability to customers for the same damage within the meaning of the 1978 Act. The negligence claim succeeds in principle for post-2002 sales, subject to limitation and proof of causation in individual cases. AXA's...

Parties
Claimant: AXA France IARD S.A.; Claimant: AXA France VIE S.A.; Defendant/part 20 Claimant: Santander Cards UK Limited; Defendant/part 20 Claimant: Santander Insurance Services UK Limited; Part 20 Claimant: Santander UK PLC
Jurisdiction
England and Wales
Judgment Date
28 July 2025
Procedural Posture
Commercial Court Trial (england and Wales) / Final Judgment on Liability, Quantum Reserved
Outcome
Claim allowed in part; indemnity claim succeeds for redress payments and FOS fees; settlement and contribution claims dismissed; negligence claim succeeds in principle for limited period, subject to further argument.
Legal Topics
Indemnity Clauses, Mis Selling of Financial Products, Regulatory Liability, Contribution Claims, Negligence, Settlement Agreements, Consumer Protection, Limitation of Actions
Insurance Law Agency Law Contract Law Tort Law Financial Regulation Indemnity Clauses Mis Selling of Financial Products Regulatory Liability +5 more

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Parties

AXA France IARD S.A.

Claimant

AXA France VIE S.A.

Claimant

Santander Cards UK Limited

Defendant/part 20 Claimant

Santander Insurance Services UK Limited

Defendant/part 20 Claimant

Santander UK PLC

Part 20 Claimant

Procedural Posture

Commercial Court Trial (england and Wales) / Final Judgment on Liability, Quantum Reserved

Legal Issues

  1. 1 Whether Santander is liable to indemnify AXA for redress and costs arising from pre-2005 PPI mis-selling under an agency agreement
  2. 2 Whether a binding settlement was reached in June 2015 making Santander liable for all pre-2005 PPI mis-selling losses
  3. 3 Whether AXA is entitled to contribution from Santander under the Civil Liability (Contribution) Act 1978

Ratio Decidendi

Santander is liable to indemnify AXA (now standing in the shoes of FICL/FACL/Genworth) for redress payments and FOS fees arising from pre-2005 PPI mis-selling under the agency agreement, as the indemnity applies to regulatory liabilities caused by GECB's acts or omissions as agent, regardless of the date of sale. No binding settlement was reached in June 2015 as the agreement was subject to contract and not finalised. The contribution claim fails as AXA was not under a civil liability to customers for the same damage within the meaning of the 1978 Act. The negligence claim succeeds in principle for post-2002 sales, subject to limitation and proof of causation in individual cases. AXA's...

Court Disposition

Claim allowed in part; indemnity claim succeeds for redress payments and FOS fees; settlement and contribution claims dismissed; negligence claim succeeds in principle for limited period, subject to further argument.

Orders

  • Santander Insurance Services UK Limited to indemnify AXA for redress payments and FOS fees relating to pre-2005 PPI mis-selling under the agency agreement.
  • AXA's claims for administrative costs and the OR settlement dismissed.