Arts & Antiques Ltd v Richards & Ors

Arts & Antiques Ltd v Richards & Ors

All claims against Zurich and Mr Richards are struck out on grounds of issue estoppel and/or abuse of process, as the issues were fully litigated and decided in arbitration and subsequent court proceedings. All claims against Towergate are struck out except for the negligence claim based on failure to advise about CP2, which has a real prospect of success. Security for costs is appropriate in principle against A&A for any continuing proceedings against Towergate.

Parties
Claimant: Arts & Antiques Limited; 1st Defendant: Peter Richards; 2nd Defendant: Towergate London Market Limited; 3rd Defendant: Zurich Insurance Plc
Jurisdiction
England and Wales
Judgment Date
05 November 2013
Procedural Posture
Commercial Court Claim (insurance, Professional Negligence, Misrepresentation) / Application to Strike Out And/or Summary Judgment; Application for Security for Costs
Outcome
Claims against Zurich and Mr Richards struck out; all claims against Towergate struck out except for negligence claim based on failure to advise about CP2; A&A to replead particulars of claim; Towergate entitled in principle to security for costs; amount of security to be determined.
Legal Topics
Issue Estoppel, Abuse of Process, Summary Judgment, Security for Costs, Agency, Misrepresentation, Breach of Contract
Insurance Law Civil Procedure Professional Negligence Contract Law Issue Estoppel Abuse of Process Summary Judgment Security for Costs +3 more

Case Brief

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Parties

Arts & Antiques Limited

Claimant

Peter Richards

1st Defendant

Towergate London Market Limited

2nd Defendant

Zurich Insurance Plc

3rd Defendant

Procedural Posture

Commercial Court Claim (insurance, Professional Negligence, Misrepresentation) / Application to Strike Out And/or Summary Judgment; Application for Security for Costs

Legal Issues

  1. 1 Whether the claims against Zurich and Mr Richards should be struck out on grounds of issue estoppel or abuse of process
  2. 2 Whether the claims against Towergate should be struck out or allowed to proceed
  3. 3 Whether A&A has a real prospect of success in its negligence claim against Towergate

Ratio Decidendi

All claims against Zurich and Mr Richards are struck out on grounds of issue estoppel and/or abuse of process, as the issues were fully litigated and decided in arbitration and subsequent court proceedings. All claims against Towergate are struck out except for the negligence claim based on failure to advise about CP2, which has a real prospect of success. Security for costs is appropriate in principle against A&A for any continuing proceedings against Towergate.

Court Disposition

Claims against Zurich and Mr Richards struck out; all claims against Towergate struck out except for negligence claim based on failure to advise about CP2; A&A to replead particulars of claim; Towergate entitled in principle to security for costs; amount of security to be determined.

Orders

  • Claims against Zurich and Mr Richards struck out.
  • All claims against Towergate struck out except for negligence claim based on failure to advise about CP2.