Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor

Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor

The application for summary judgment or strike out by Camrisk fails because the claims against NWIC and Camrisk are so interlinked that they cannot be disposed of separately without risk of inconsistent findings. The merits of the claims, including disputed issues of fact, require determination at trial, and CPR 12.8 would have prevented entry of default judgment against NWIC in these circumstances.

Parties
Claimant: Crown Aluminium Limited; First Defendant: Northern & Western Insurance Company Limited; Second Defendant: Cambridge Risk Advisors Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2011
Procedural Posture
Civil (commercial/insurance) / Application for Summary Judgment And/or Strike Out
Outcome
Application dismissed
Legal Topics
Summary Judgment, Strike Out, Default Judgment, Agency, Variation of Contract, Waiver, Duty of Care
Civil Procedure Insurance Law Summary Judgment Strike Out Default Judgment Agency Variation of Contract Waiver +1 more

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Parties

Crown Aluminium Limited

Claimant

Northern & Western Insurance Company Limited

First Defendant

Cambridge Risk Advisors Limited

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claim against the second defendant (Camrisk) should be summarily dismissed or struck out because the first defendant (NWIC) is debarred from defending and the claim against NWIC must succeed.
  2. 2 Whether CPR 12.8 prevents entry of default judgment against NWIC in circumstances where claims are pleaded in the alternative.
  3. 3 Whether the claims against NWIC and Camrisk can or should be dealt with separately.

Ratio Decidendi

The application for summary judgment or strike out by Camrisk fails because the claims against NWIC and Camrisk are so interlinked that they cannot be disposed of separately without risk of inconsistent findings. The merits of the claims, including disputed issues of fact, require determination at trial, and CPR 12.8 would have prevented entry of default judgment against NWIC in these circumstances.

Court Disposition

Application dismissed

Orders

  • Application for summary judgment and/or strike out by Camrisk is refused.
  • Costs to follow the event, subject to further submissions if not agreed.