PM Law Ltd & Motorplus Ltd & Ors [2016] EWHC 193 (QB) (05 February 2016)

PM Law Ltd & Motorplus Ltd & Ors [2016] EWHC 193 (QB) (05 February 2016)

PM Law Limited has no title to sue under the BTE and ATE insurance policies as it is not a party to those contracts, nor has any assignment been pleaded. The documents relied upon do not confer a right on PM Law to recover in its own name; the right to claim under the policies remains with the insured clients. Motorplus Limited is not liable under the policies as it is not an insurer. The claims as pleaded in paragraphs 36 to 41 and 48 of the Particulars of Claim are unsustainable and bound to fail. Accordingly, those parts of the claim are struck out and summary judgment is granted in favour of Motorplus.

Citation
[2016] EWHC 193
Parties
Claimant: PM Law Limited; First Defendant: Motorplus Limited; Second Defendant: Members of Equity 218 at Lloyd's (t/a Equity Red Star); Third Defendant: Alpha Insurance A/S; Fourth Defendant: Ageas Insurance Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2016
Procedural Posture
Civil (contract/insurance) / Application for Strike Out And/or Summary Judgment
Outcome
Application granted. Relevant parts of the claim struck out and summary judgment granted for Motorplus Limited.
Legal Topics
Strike Out Applications, Summary Judgment, Legal Expenses Insurance, Agency, Third Party Rights, Restitution
Contract Law Insurance Law Civil Procedure Strike Out Applications Summary Judgment Legal Expenses Insurance Agency Third Party Rights +1 more

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Parties

PM Law Limited

Claimant

Motorplus Limited

First Defendant

Members of Equity 218 at Lloyd's (t/a Equity Red Star)

Second Defendant

Alpha Insurance A/S

Third Defendant

Ageas Insurance Limited

Fourth Defendant

Procedural Posture

Civil (contract/insurance) / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether PM Law Limited has title to sue under BTE and ATE insurance policies for recovery of legal costs and disbursements in its own name
  2. 2 Whether Motorplus Limited is liable to pay such sums as agent or otherwise under the policies
  3. 3 Whether the claims as pleaded disclose a reasonable cause of action or are bound to fail

Ratio Decidendi

PM Law Limited has no title to sue under the BTE and ATE insurance policies as it is not a party to those contracts, nor has any assignment been pleaded. The documents relied upon do not confer a right on PM Law to recover in its own name; the right to claim under the policies remains with the insured clients. Motorplus Limited is not liable under the policies as it is not an insurer. The claims as pleaded in paragraphs 36 to 41 and 48 of the Particulars of Claim are unsustainable and bound to fail. Accordingly, those parts of the claim are struck out and summary judgment is granted in favour of Motorplus.

Court Disposition

Application granted. Relevant parts of the claim struck out and summary judgment granted for Motorplus Limited.

Orders

  • Paragraphs 36 to 41 and 48 of the Particulars of Claim are struck out as against Motorplus Limited.
  • Summary judgment is granted in favour of Motorplus Limited in respect of those claims.