English & American Insurance Company Ltd v AXA Re SA

English & American Insurance Company Ltd v AXA Re SA

The judge was entitled to grant summary judgment as there was no realistic prospect of Axa defending the claim for the minimum sum, and the application for summary judgment was not premature. The costs order below should stand.

Parties
Claimant: English and American Insurance Company Limited; Defendant: AXA Re SA
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Civil Appeal / Appeal on Costs After Summary Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Costs, Reinsurance, Follow the Settlement Clauses
Insurance Law Civil Procedure Summary Judgment Costs Reinsurance Follow the Settlement Clauses

Case Brief

Summary, issues, holding and outcome

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Parties

English and American Insurance Company Limited

Claimant

AXA Re SA

Defendant

Procedural Posture

Civil Appeal / Appeal on Costs After Summary Judgment

Legal Issues

  1. 1 Whether the application for summary judgment was premature
  2. 2 Whether the judge was wrong to grant summary judgment for the sum claimed
  3. 3 Whether the costs order below should be disturbed

Ratio Decidendi

The judge was entitled to grant summary judgment as there was no realistic prospect of Axa defending the claim for the minimum sum, and the application for summary judgment was not premature. The costs order below should stand.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Order for costs below in the sum of £35,000 stands