Hill v Generali Zrt [2021] EWHC 3381 (QB) (14 December 2021)

Hill v Generali Zrt [2021] EWHC 3381 (QB) (14 December 2021)

A subrogated claim by an insurer, brought in the name of the insured, can be pursued in the English courts together with the insured's own claim for uninsured losses under Article 11(1)(b) of the Recast Brussels Regulation, as the claim remains that of the insured for jurisdictional purposes. This interpretation promotes predictability, avoids multiplicity of proceedings, and ensures harmonious administration of justice.

Citation
[2021] EWHC 3381 (QB)
Parties
Claimant / Appellant: Geoff Hill; Defendant / Respondent: Generali Biztositó Zrt
Jurisdiction
England and Wales
Judgment Date
14 December 2021
Procedural Posture
Appeal / Judgment on Appeal From County Court Decision Regarding Jurisdiction
Outcome
Appeal allowed
Legal Topics
Jurisdiction Under Recast Brussels Regulation, Subrogated Insurance Claims, Direct Actions Against Insurers, Lis Pendens and Related Actions, Assignment Vs Subrogation in Insurance Claims
Private International Law Insurance Law Civil Procedure Jurisdiction Under Recast Brussels Regulation Subrogated Insurance Claims Direct Actions Against Insurers Lis Pendens and Related Actions Assignment Vs Subrogation in Insurance Claims

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Parties

Geoff Hill

Claimant / Appellant

Generali Biztositó Zrt

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Decision Regarding Jurisdiction

Legal Issues

  1. 1 Whether a subrogated claim by an insurer can be brought in the name of an English motorist in an English court together with his claim for uninsured losses against a Hungarian insurer for a pre-Brexit accident in Germany under the Recast Brussels Regulation

Ratio Decidendi

A subrogated claim by an insurer, brought in the name of the insured, can be pursued in the English courts together with the insured's own claim for uninsured losses under Article 11(1)(b) of the Recast Brussels Regulation, as the claim remains that of the insured for jurisdictional purposes. This interpretation promotes predictability, avoids multiplicity of proceedings, and ensures harmonious administration of justice.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed. The subrogated claim may be brought in the English courts together with the claim for uninsured losses.