Equitas Ltd & Anor v Wave City Shipping Company Ltd & Ors [2005] EWHC 923 (Comm) (13 May 2005)

Equitas Ltd & Anor v Wave City Shipping Company Ltd & Ors [2005] EWHC 923 (Comm) (13 May 2005)

The threatened claims against the claimants for tortious interference or inducement of breach of contract based on profit commission provisions in reinsurance contracts are unfounded in law and fact; the English court has jurisdiction to grant declaratory relief, and the claimants are entitled to declarations of non-liability and costs.

Citation
[2005] EWHC 923 (Comm)
Parties
1st Claimant: Equitas Limited; 2nd Claimant: Equitas Reinsurance Limited; 1st Defendant: Wave City Shipping Company Limited; 2nd Defendant: Robin Services Limited; 3rd Defendant: Leoninus Shipping S. A.
Jurisdiction
England and Wales
Judgment Date
13 May 2005
Procedural Posture
Commercial Court Claim for Declaratory Relief / Judgment in Default of Acknowledgment of Service
Outcome
Declarations granted in favour of claimants; judgment in default against defendants; costs awarded to claimants.
Legal Topics
Reinsurance, Tort of Inducing Breach of Contract, Jurisdiction Under Brussels Regulation, Declaratory Relief, Service of Proceedings
Insurance Law Private International Law Civil Procedure Reinsurance Tort of Inducing Breach of Contract Jurisdiction Under Brussels Regulation Declaratory Relief Service of Proceedings

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Parties

Equitas Limited

1st Claimant

Equitas Reinsurance Limited

2nd Claimant

Wave City Shipping Company Limited

1st Defendant

Robin Services Limited

2nd Defendant

Leoninus Shipping S. A.

3rd Defendant

Procedural Posture

Commercial Court Claim for Declaratory Relief / Judgment in Default of Acknowledgment of Service

Legal Issues

  1. 1 Whether English court has jurisdiction to grant declaratory relief against foreign defendants for threatened tort claims relating to reinsurance contracts
  2. 2 Whether inclusion of profit commission in reinsurance contract can amount to tortious interference or inducement of breach of contract
  3. 3 Whether claimants are liable in tort to defendants for alleged interference with insurance contracts

Ratio Decidendi

The threatened claims against the claimants for tortious interference or inducement of breach of contract based on profit commission provisions in reinsurance contracts are unfounded in law and fact; the English court has jurisdiction to grant declaratory relief, and the claimants are entitled to declarations of non-liability and costs.

Court Disposition

Declarations granted in favour of claimants; judgment in default against defendants; costs awarded to claimants.

Orders

  • Declarations that neither claimant nor those they represent are liable to any defendant for any loss, expenditure, liability or damage in connection with the loss of the Demetra Beauty or the termination of insurance contracts, arising out of any claim based on the terms of the reinsurance contracts or profit...
  • Defendants to pay claimants' costs summarily assessed at £42,765.