Youell & Ors v La Reunion Aerienne & Ors [2008] EWHC 2493 (Comm) (22 October 2008)

Youell & Ors v La Reunion Aerienne & Ors [2008] EWHC 2493 (Comm) (22 October 2008)

The English court has jurisdiction under Article 5.1(a) of Council Regulation (EC) No. 44/2001 because the dispute is contractual, the place of performance is England, and Section 3 of the Regulation does not apply to disputes between insurers. The existence of an arbitration clause does not oust the court's jurisdiction under the Regulation.

Citation
[2008] EWHC 2493 (Comm)
Parties
Claimant/respondents: Youell & Others; Defendants/applicants: La Reunion Aerienne & Others
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Commercial Court Application (jurisdictional Challenge) / Judgment on Application to Set Aside Claim Form/service for Lack of Jurisdiction
Outcome
Defendants' application dismissed; court has jurisdiction.
Legal Topics
Jurisdiction Under Council Regulation (ec) No. 44/2001, Negative Declaratory Relief, Arbitration Clauses and Regulation 44/2001, Inter Insurer Disputes, Assignment of Insurance Claims
Private International Law Insurance Law Civil Procedure Jurisdiction Under Council Regulation (ec) No. 44/2001 Negative Declaratory Relief Arbitration Clauses and Regulation 44/2001 Inter Insurer Disputes Assignment of Insurance Claims

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Parties

Youell & Others

Claimant/respondents

La Reunion Aerienne & Others

Defendants/applicants

Procedural Posture

Commercial Court Application (jurisdictional Challenge) / Judgment on Application to Set Aside Claim Form/service for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction under Council Regulation (EC) No. 44/2001 to hear a claim for negative declaratory relief between co-insurers where the underlying insurance contract is governed by French law and contains a Paris arbitration clause.
  2. 2 Whether Section 3 of the Regulation (insurance jurisdiction) applies to disputes between insurers or to claims brought by assignment from the insured.
  3. 3 Whether the existence of an arbitration clause ousts the jurisdiction of the English court under the Regulation.

Ratio Decidendi

The English court has jurisdiction under Article 5.1(a) of Council Regulation (EC) No. 44/2001 because the dispute is contractual, the place of performance is England, and Section 3 of the Regulation does not apply to disputes between insurers. The existence of an arbitration clause does not oust the court's jurisdiction under the Regulation.

Court Disposition

Defendants' application dismissed; court has jurisdiction.

Orders

  • Application to set aside Claim Form/service refused.
  • Court affirms jurisdiction to hear the claim.