Lumbermens Mutual Casualty Comp v Bovis Lend Lease Ltd

Lumbermens Mutual Casualty Comp v Bovis Lend Lease Ltd

The case should not be transferred out of the Commercial Court because the insurance issues are fundamental, of general importance, and within the Commercial Court's expertise. These issues should be determined first, and only if necessary should the construction liability issues be tried thereafter.

Parties
Claimant: Lumbermens Mutual Casualty Comp; Defendant: Bovis Lend Lease Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Commercial Court Application / Application to Transfer Proceedings Out of Commercial Court
Outcome
Application to transfer refused
Legal Topics
Transfer of Proceedings, Case Management, Jurisdiction, Insurance Policy Construction
Civil Procedure Insurance Law Construction Law Transfer of Proceedings Case Management Jurisdiction Insurance Policy Construction

Case Brief

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Parties

Lumbermens Mutual Casualty Comp

Claimant

Bovis Lend Lease Limited

Defendant

Procedural Posture

Commercial Court Application / Application to Transfer Proceedings Out of Commercial Court

Legal Issues

  1. 1 Whether the case should be transferred from the Commercial Court to the Technology and Construction Court (TCC)
  2. 2 Whether the insurance issues or the construction liability issues predominate for forum selection
  3. 3 Appropriate case management sequence for insurance and liability issues

Ratio Decidendi

The case should not be transferred out of the Commercial Court because the insurance issues are fundamental, of general importance, and within the Commercial Court's expertise. These issues should be determined first, and only if necessary should the construction liability issues be tried thereafter.

Court Disposition

Application to transfer refused

Orders

  • Case to be managed and tried in the Commercial Court
  • Insurance issues to be determined first in 2004