Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors

Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors

The 'Applicable Law and Jurisdiction' clause provides for exclusive jurisdiction of the local court where the policy was issued, with English jurisdiction available only if the local court does not accept jurisdiction. The clause does not confer a free choice of forum. As the local courts would accept jurisdiction, the English court has no jurisdiction over the claims.

Parties
Claimants/respondents: Al Mana Lifestyle Trading L.L.C. & Others; Defendants/appellants: United Fidelity Insurance Company PSC; Defendants/appellants: Societe d'Assurances Libano Suisse SAL and its Qatari Branch Lebanese-Switzerland Co. for Insurance; Defendants/appellants: Libano-Suisse Insurance Co. S.A.L. – Kuwait
Jurisdiction
England and Wales
Judgment Date
31 January 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed. English court has no jurisdiction over the claims.
Legal Topics
Jurisdiction Clauses, Contract Interpretation, Business Interruption Insurance, Choice of Law
Commercial Law Insurance Law Conflict of Laws Jurisdiction Clauses Contract Interpretation Business Interruption Insurance Choice of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Al Mana Lifestyle Trading L.L.C. & Others

Claimants/respondents

United Fidelity Insurance Company PSC

Defendants/appellants

Societe d'Assurances Libano Suisse SAL and its Qatari Branch Lebanese-Switzerland Co. for Insurance

Defendants/appellants

Libano-Suisse Insurance Co. S.A.L. – Kuwait

Defendants/appellants

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 'Applicable Law and Jurisdiction' clause in the insurance policies confers jurisdiction on the English court over claims brought by the claimants.
  2. 2 Interpretation of the jurisdiction clause: exclusive, non-exclusive, or fallback jurisdiction.

Ratio Decidendi

The 'Applicable Law and Jurisdiction' clause provides for exclusive jurisdiction of the local court where the policy was issued, with English jurisdiction available only if the local court does not accept jurisdiction. The clause does not confer a free choice of forum. As the local courts would accept jurisdiction, the English court has no jurisdiction over the claims.

Court Disposition

Appeal allowed. English court has no jurisdiction over the claims.

Orders

  • Service of the Claim Form set aside.
  • Declaration that the English court has no jurisdiction to try the claimants’ claims.