Tryg Baltica International (UK) Ltd. v Boston Compania De Seguros SA & Ors

Tryg Baltica International (UK) Ltd. v Boston Compania De Seguros SA & Ors

Permission to serve out of the jurisdiction is not set aside and proceedings are not stayed because England is the appropriate forum for the declarations sought, the reinsurance contracts are governed by English law and made in England, there are serious issues to be tried on the first, second, and fourth declarations, and there was no material non-disclosure by Tryg. The third declaration is stayed as it became unnecessary after the defendants accepted the English law position.

Parties
Claimant: Tryg Baltica International (UK) Ltd; Defendant: Boston Compania De Seguros SA; Defendant: Other Defendants (3 Argentine insurance companies)
Jurisdiction
England and Wales
Judgment Date
28 May 2004
Procedural Posture
Commercial Court Application (service Out of Jurisdiction, Stay, or Set Aside) / Interlocutory Application to Set Aside or Stay Service Out of Jurisdiction
Outcome
Application to set aside service out of jurisdiction and for stay refused; third declaration stayed; costs to follow the event, subject to further submissions.
Legal Topics
Reinsurance, Jurisdiction and Forum Conveniens, Negative Declaratory Relief, Material Non Disclosure, Notification Clauses, Choice of Law
Insurance Law Conflict of Laws Civil Procedure Reinsurance Jurisdiction and Forum Conveniens Negative Declaratory Relief Material Non Disclosure Notification Clauses +1 more

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Parties

Tryg Baltica International (UK) Ltd

Claimant

Boston Compania De Seguros SA

Defendant

Other Defendants (3 Argentine insurance companies)

Defendant

Procedural Posture

Commercial Court Application (service Out of Jurisdiction, Stay, or Set Aside) / Interlocutory Application to Set Aside or Stay Service Out of Jurisdiction

Legal Issues

  1. 1 Whether permission to serve proceedings out of the jurisdiction should be set aside or proceedings stayed on grounds of forum conveniens
  2. 2 Whether there are serious issues to be tried on the declarations sought by the claimant
  3. 3 Whether the claimant failed to disclose material facts on the without notice application

Ratio Decidendi

Permission to serve out of the jurisdiction is not set aside and proceedings are not stayed because England is the appropriate forum for the declarations sought, the reinsurance contracts are governed by English law and made in England, there are serious issues to be tried on the first, second, and fourth declarations, and there was no material non-disclosure by Tryg. The third declaration is stayed as it became unnecessary after the defendants accepted the English law position.

Court Disposition

Application to set aside service out of jurisdiction and for stay refused; third declaration stayed; costs to follow the event, subject to further submissions.

Orders

  • Permission to serve out of jurisdiction maintained
  • Proceedings for the third declaration stayed