Howells & Anor v Dominion Insurance Company Ltd [2005] EWHC 552 (QB) (07 April 2005)

Howells & Anor v Dominion Insurance Company Ltd [2005] EWHC 552 (QB) (07 April 2005)

The authority to litigate is provided by the rules of court in representative proceedings; all club members were parties to the insurance contract and thus liable for the judgment sum, subject to any special circumstances; enforcement against individual members is permissible with the court's permission, but represented persons are not individually liable for costs absent a special order.

Citation
[2005] EWHC 552
Parties
Claimants/respondents: David Roy Howells and James Kelly (on behalf of themselves and all other members of the Hemel Hempstead Football & Sports Club); Defendants/appellants: The Dominion Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2005
Procedural Posture
Appeal / Judgment on Appeal From Order of Master Foster
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Representative Actions, Enforcement of Judgments, Liability of Members of Unincorporated Associations, Costs in Representative Proceedings
Civil Procedure Contract Law Insurance Law Representative Actions Enforcement of Judgments Liability of Members of Unincorporated Associations Costs in Representative Proceedings

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Parties

David Roy Howells and James Kelly (on behalf of themselves and all other members of the Hemel Hempstead Football & Sports Club)

Claimants/respondents

The Dominion Insurance Company Limited

Defendants/appellants

Procedural Posture

Appeal / Judgment on Appeal From Order of Master Foster

Legal Issues

  1. 1 Whether a judgment and costs order can be enforced against individual members of an unincorporated association in representative proceedings
  2. 2 Whether club members' liability is limited to their subscriptions
  3. 3 Whether authority to litigate is required for enforcement against members

Ratio Decidendi

The authority to litigate is provided by the rules of court in representative proceedings; all club members were parties to the insurance contract and thus liable for the judgment sum, subject to any special circumstances; enforcement against individual members is permissible with the court's permission, but represented persons are not individually liable for costs absent a special order.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Remitted to the Master to consider, in his discretion, whether to grant permission to enforce the judgment against individual members, having regard to any special circumstances.
  • Appeal against costs liability dismissed; represented persons not individually liable for costs.