BP Plc v AON Ltd & Anor

BP Plc v AON Ltd & Anor

Permission to amend the Particulars of Claim to add the clause 12 claim against Aon Texas is refused because the claim is at least partly time-barred under Illinois law, and the amendment does not arise out of the same or substantially the same facts as any existing claim against Aon Texas. Even if jurisdiction existed, case management and forum conveniens considerations weigh against allowing the amendment.

Parties
Claimant: BP Plc; Defendant: AON Limited; Defendant: Aon Risk Services of Texas Inc
Jurisdiction
England and Wales
Judgment Date
16 November 2005
Procedural Posture
Commercial Court Application / Application for Permission to Amend Particulars of Claim
Outcome
Application refused
Legal Topics
Amendment of Pleadings, Jurisdiction, Limitation Periods, Forum Non Conveniens, Indemnity Clauses
Civil Procedure Contract Law Tort Law Conflict of Laws Amendment of Pleadings Jurisdiction Limitation Periods Forum Non Conveniens +1 more

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Parties

BP Plc

Claimant

AON Limited

Defendant

Aon Risk Services of Texas Inc

Defendant

Procedural Posture

Commercial Court Application / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim to add a clause 12 indemnity claim against Aon Texas
  2. 2 Whether the English court has jurisdiction to allow the amendment given limitation issues under Illinois law
  3. 3 Whether England is the forum conveniens for the clause 12 claim

Ratio Decidendi

Permission to amend the Particulars of Claim to add the clause 12 claim against Aon Texas is refused because the claim is at least partly time-barred under Illinois law, and the amendment does not arise out of the same or substantially the same facts as any existing claim against Aon Texas. Even if jurisdiction existed, case management and forum conveniens considerations weigh against allowing the amendment.

Court Disposition

Application refused

Orders

  • Permission to amend the Particulars of Claim to add the clause 12 claim against Aon Texas is not granted.