Dredger "Kamal XXVI" & the Barge "Kamal XXIV" (The Owners And/or Demise Charterers of) v "Ariela" (Owners of the Ship) & Ors [2010] EWHC 2531 (Comm) (14 October 2010)

Dredger "Kamal XXVI" & the Barge "Kamal XXIV" (The Owners And/or Demise Charterers of) v "Ariela" (Owners of the Ship) & Ors [2010] EWHC 2531 (Comm) (14 October 2010)

Disclosure is ordered because the Underwriters were arguably used as a mechanism for Kamal's fraud, privilege does not apply due to the fraud exception, and the issues of control, conduct, and investigation are central to the s51 application; such disclosure is necessary and just to resolve the application fairly.

Citation
[2010] EWHC 2531 (Comm)
Parties
Claimants (2006)/defendants (2009): The Owners and/or Demise Charterers of the Dredger 'Kamal XXVI' and the Barge 'Kamal XXIV'; Defendants (2006)/claimants (2009): The Owners of the Ship 'Ariela'; Third Parties/underwriters: Catlin (Five) Limited (on its own behalf and on behalf of the underwriting members of Syndicate 2020 at Lloyds for the 2003 year or account) and Others
Jurisdiction
England and Wales
Judgment Date
14 October 2010
Procedural Posture
Commercial Court Consolidated Actions / Interlocutory Application for Disclosure in S51 Costs Proceedings
Outcome
Application for disclosure granted
Legal Topics
Non Party Costs Orders, Disclosure, Legal Professional Privilege, Fraudulent Claims, Subrogation
Civil Procedure Insurance Law Costs Non Party Costs Orders Disclosure Legal Professional Privilege Fraudulent Claims Subrogation

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Parties

The Owners and/or Demise Charterers of the Dredger 'Kamal XXVI' and the Barge 'Kamal XXIV'

Claimants (2006)/defendants (2009)

The Owners of the Ship 'Ariela'

Defendants (2006)/claimants (2009)

Catlin (Five) Limited (on its own behalf and on behalf of the underwriting members of Syndicate 2020 at Lloyds for the 2003 year or account) and Others

Third Parties/underwriters

Procedural Posture

Commercial Court Consolidated Actions / Interlocutory Application for Disclosure in S51 Costs Proceedings

Legal Issues

  1. 1 Whether Underwriters should disclose documents in s51 costs application
  2. 2 Applicability of legal professional privilege and fraud exception
  3. 3 Whether Underwriters could and should have discovered fraud by Kamal

Ratio Decidendi

Disclosure is ordered because the Underwriters were arguably used as a mechanism for Kamal's fraud, privilege does not apply due to the fraud exception, and the issues of control, conduct, and investigation are central to the s51 application; such disclosure is necessary and just to resolve the application fairly.

Court Disposition

Application for disclosure granted

Orders

  • Underwriters to disclose documents as specified, subject to redaction for privilege only where not overridden by fraud exception
  • Parties to draw up relevant order for disclosure