Aegean Baltic Bank S.A. v Renzlor Shipping Ltd & Ors [2020] EWHC 2736 (Comm) (29 September 2020)

Aegean Baltic Bank S.A. v Renzlor Shipping Ltd & Ors [2020] EWHC 2736 (Comm) (29 September 2020)

It is not desirable or just to add Axa XL as a party at this late stage to resolve the follow clause or loss payee issues, given the imminent trial, lack of time to plead and prepare the issues, and the limited connection of those issues to the matters in dispute in the present proceedings. The follow clause issue...

Source-derived case information.

Citation
[2020] EWHC 2736 (Comm)
Parties
Claimant: Aegean Baltic Bank S.A.; Defendants: Renzlor Shipping Limited and Others; Intended Intervenor/applicant: Axa XL
Jurisdiction
England and Wales
Judgment Date
29 September 2020
Procedural Posture
Commercial Court Proceedings / Application for Joinder of Party (axa Xl) Prior to Trial
Outcome
Application for joinder refused
Legal Topics
Joinder of Parties, Follow the Settlements Clause, Loss Payee Clause, Assignment of Insurance Policies, Multiplicity of Proceedings
Commercial Law Insurance Law Civil Procedure Joinder of Parties Follow the Settlements Clause Loss Payee Clause Assignment of Insurance Policies Multiplicity of Proceedings

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Parties

Aegean Baltic Bank S.A.

Claimant

Renzlor Shipping Limited and Others

Defendants

Axa XL

Intended Intervenor/applicant

Procedural Posture

Commercial Court Proceedings / Application for Joinder of Party (axa Xl) Prior to Trial

Legal Issues

  1. 1 Whether Axa XL should be joined as a party under CPR 19.2(2)(b) to resolve the 'follow the settlements' clause issue
  2. 2 Whether the loss payee issue between Axa and the claimant/defendants should be determined in these proceedings

Ratio Decidendi

It is not desirable or just to add Axa XL as a party at this late stage to resolve the follow clause or loss payee issues, given the imminent trial, lack of time to plead and prepare the issues, and the limited connection of those issues to the matters in dispute in the present proceedings. The follow clause issue is not currently part of the pleaded case, and the loss payee issue has not crystallised. Joinder would be unfair to the claimant and other court users.

Court Disposition

Application for joinder refused

Orders

  • Axa XL not to be added as a party to the proceedings
  • No adjournment of the imminent trial