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 judgment and debt arising from the insurance contract are enforceable against individual members of the unincorporated club, as they were parties to the contract through their representatives; lack of express authority to litigate is irrelevant under CPR 19.6, which provides the necessary authority for representative proceedings. However, represented persons are not individually liable for costs unless a specific order is made.

Citation
[2005] EWHC 552 (QB)
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 / High Court Judgment on Appeal From Master Foster's Order
Outcome
Appeal allowed in part; cross-appeal dismissed.
Legal Topics
Representative Actions, Enforcement of Judgments, Unincorporated Associations, Personal Liability of Members, Costs Liability
Civil Procedure Contract Law Insurance Law Representative Actions Enforcement of Judgments Unincorporated Associations Personal Liability of Members Costs Liability

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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 / High Court Judgment on Appeal From Master Foster's Order

Legal Issues

  1. 1 Whether a judgment and costs order against an unincorporated association can be enforced against individual members
  2. 2 Whether individual members are personally liable for debts and costs arising from representative litigation

Ratio Decidendi

The judgment and debt arising from the insurance contract are enforceable against individual members of the unincorporated club, as they were parties to the contract through their representatives; lack of express authority to litigate is irrelevant under CPR 19.6, which provides the necessary authority for representative proceedings. However, represented persons are not individually liable for costs unless a specific order is made.

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.