AerCap Ireland Limited v AIG Europe SA & Ors

AerCap Ireland Limited v AIG Europe SA & Ors

Disclosure of the documents sought under CPR PD57AD para. 31.17 is necessary for the fair disposal of the proceedings and does not contravene the Russia (Sanctions) (EU Exit) Regulations 2019, as compliance with a court order is not the provision of a prohibited service. Brokers' confidentiality concerns are allayed by compulsion of the order.

Parties
Claimant: AerCap Ireland Limited; First Defendant: AIG Europe S.A.; Second Defendant: Lloyd’s Insurance Company S.A.; Third Defendant: Fidelis Insurance Ireland DAC; Fourth Defendant: Swiss Re International SE; Fifth Defendant: Chubb European Group SE; First Respondent: McGill and Partners Limited; Second Respondent: Arthur J. Gallagher (UK) Limited; Third Respondent: United Insurance Brokers Limited; Fourth Respondent: Willis Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Insurance Claim / Application for Third Party Disclosure Order
Outcome
Application granted
Legal Topics
Third Party Disclosure, Aviation Insurance, Sanctions Compliance, Brokers' Duties, Collateral Use of Disclosed Documents
Commercial Law Insurance Law Sanctions Law Third Party Disclosure Aviation Insurance Sanctions Compliance Brokers' Duties Collateral Use of Disclosed Documents

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Parties

AerCap Ireland Limited

Claimant

AIG Europe S.A.

First Defendant

Lloyd’s Insurance Company S.A.

Second Defendant

Fidelis Insurance Ireland DAC

Third Defendant

Swiss Re International SE

Fourth Defendant

Chubb European Group SE

Fifth Defendant

McGill and Partners Limited

First Respondent

Arthur J. Gallagher (UK) Limited

Second Respondent

United Insurance Brokers Limited

Third Respondent

Willis Limited

Fourth Respondent

Procedural Posture

Commercial Insurance Claim / Application for Third Party Disclosure Order

Legal Issues

  1. 1 Whether third party disclosure should be ordered against insurance brokers under CPR PD57AD para. 31.17
  2. 2 Whether disclosure would contravene the Russia (Sanctions) (EU Exit) Regulations 2019
  3. 3 Whether brokers' duties of confidentiality prevent disclosure

Ratio Decidendi

Disclosure of the documents sought under CPR PD57AD para. 31.17 is necessary for the fair disposal of the proceedings and does not contravene the Russia (Sanctions) (EU Exit) Regulations 2019, as compliance with a court order is not the provision of a prohibited service. Brokers' confidentiality concerns are allayed by compulsion of the order.

Court Disposition

Application granted

Orders

  • Order for third party disclosure of specified insurance and reinsurance documents by the Respondents to AerCap under CPR PD57AD para. 31.17, limited to documents not already obtained from other sources.
  • Use of disclosed documents confined to these proceedings and OP claims already commenced in this court.