PM Law Ltd & Motorplus Ltd & Ors

PM Law Ltd & Motorplus Ltd & Ors

PM Law Limited has no title to sue under the BTE and ATE insurance policies as it is not the insured, nor is there any assignment or statutory right. The documents relied on do not confer such a right, nor is there any implied term or restitutionary basis for recovery. Motorplus Limited, as intermediary, is not...

Source-derived case information.

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 (insurance/contract) / Application for Strike Out and Summary Judgment
Outcome
Application granted; paragraphs 36 to 48 of the Particulars of Claim struck out; summary judgment for Motorplus Limited on those claims.
Legal Topics
Title to Sue Under Insurance Policies, Implied Terms in Contracts, Restitution Claims, Agency Liability, Summary Judgment, Strike Out Applications
Insurance Law Contract Law Civil Procedure Title to Sue Under Insurance Policies Implied Terms in Contracts Restitution Claims Agency Liability Summary Judgment +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 (insurance/contract) / Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether PM Law Limited has title to sue under BTE and ATE insurance policies issued to its clients
  2. 2 Whether Motorplus Limited is liable to PM Law for sums due under the insurance policies
  3. 3 Whether an implied term or restitutionary claim entitles PM Law to recover disbursements or costs from Motorplus or the insurers

Ratio Decidendi

PM Law Limited has no title to sue under the BTE and ATE insurance policies as it is not the insured, nor is there any assignment or statutory right. The documents relied on do not confer such a right, nor is there any implied term or restitutionary basis for recovery. Motorplus Limited, as intermediary, is not liable under the policies. The pleaded claims are unsustainable and unwinnable as a matter of law and must be struck out; summary judgment is appropriate.

Court Disposition

Application granted; paragraphs 36 to 48 of the Particulars of Claim struck out; summary judgment for Motorplus Limited on those claims.

Orders

  • Paragraphs 36 to 48 of the Particulars of Claim are struck out.
  • Summary judgment is entered in favour of Motorplus Limited in respect of the claims brought by PM Law Limited as set out in those paragraphs.