Onyeari v Churchill Ltd & Ors [2024] EWHC 531 (KB) (08 March 2024)

Onyeari v Churchill Ltd & Ors [2024] EWHC 531 (KB) (08 March 2024)

The claim by Mr Onyeari was struck out as an abuse of process because he was the controlling mind of the company and solely responsible for the alleged negligence, so he could not recover from the company for his own wrong. The Tomlin Order was set aside as it was procured without notice to solicitors on record, misleading the court, and in breach of the Underwriters' subrogation rights. The Underwriters are entitled to enforce the costs order.

Citation
[2024] EWHC 531 (KB)
Parties
Claimant/defendant (2020 Action/2022 Action): Chike-C Onyeari; Defendant/interested Party/defendant (2020 Action/2022 Action): Churchil Limited; Interested Party/claimant (2020 Action/2022 Action): The Underwriting Members of Riverstone Syndicate 3500 (suing as representative of the underwriting members of Argo Syndicate 1200 for the 2014 underwriting year, the underwriting members of Syndicate 2015 for the 2014 underwriting year and all syndicate members underwriting policy no PSD02100723)
Jurisdiction
England and Wales
Judgment Date
08 March 2024
Procedural Posture
Civil (personal Injury, Insurance, Costs) / Post Judgment Applications, Including Permission to Appeal, Set Aside Tomlin Order, Amendment, and Part 8 Claim
Outcome
Permission to appeal refused; Tomlin Order set aside; Underwriters entitled to enforce costs order; other applications disposed of as per judgment.
Legal Topics
Strike Out Applications, Summary Judgment, Costs Orders, Subrogation, Tomlin Orders, Directors' Duties, Public Policy, Abuse of Process
Civil Procedure Insurance Law Company Law Personal Injury Strike Out Applications Summary Judgment Costs Orders Subrogation +4 more

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Parties

Chike-C Onyeari

Claimant/defendant (2020 Action/2022 Action)

Churchil Limited

Defendant/interested Party/defendant (2020 Action/2022 Action)

The Underwriting Members of Riverstone Syndicate 3500 (suing as representative of the underwriting members of Argo Syndicate 1200 for the 2014 underwriting year, the underwriting members of Syndicate 2015 for the 2014 underwriting year and all syndicate members underwriting policy no PSD02100723)

Interested Party/claimant (2020 Action/2022 Action)

Procedural Posture

Civil (personal Injury, Insurance, Costs) / Post Judgment Applications, Including Permission to Appeal, Set Aside Tomlin Order, Amendment, and Part 8 Claim

Legal Issues

  1. 1 Whether the claim by Mr Onyeari against his own company was an abuse of process and contrary to public policy
  2. 2 Whether the Tomlin Order should be set aside for procedural impropriety and breach of insurer's subrogation rights
  3. 3 Whether the Underwriters are entitled to enforce the costs order and/or be assigned the claim

Ratio Decidendi

The claim by Mr Onyeari was struck out as an abuse of process because he was the controlling mind of the company and solely responsible for the alleged negligence, so he could not recover from the company for his own wrong. The Tomlin Order was set aside as it was procured without notice to solicitors on record, misleading the court, and in breach of the Underwriters' subrogation rights. The Underwriters are entitled to enforce the costs order.

Court Disposition

Permission to appeal refused; Tomlin Order set aside; Underwriters entitled to enforce costs order; other applications disposed of as per judgment.

Orders

  • Permission to appeal refused to Mr Onyeari.
  • Tomlin Order dated 28 June 2021 set aside.