Hiscox Underwriting Ltd & Anor v Dickson Manchester & Co Ltd & Anor

Hiscox Underwriting Ltd & Anor v Dickson Manchester & Co Ltd & Anor

The court has jurisdiction to grant an interim injunction under section 44 of the Arbitration Act 1996 in urgent cases where the arbitral tribunal cannot act effectively. The documents sought by Hiscox are agency records to which it is entitled under both the agreement and agency law, including those identifying producing brokers. The balance of convenience and urgency justify granting limited interim access to these records pending arbitration, as damages would not be an adequate remedy for loss of business.

Parties
Claimant: Hiscox Underwriting Limited & Another; Defendant: Dickson Manchester & Co Limited & Another
Jurisdiction
England and Wales
Judgment Date
05 March 2004
Procedural Posture
Commercial Court Application (interim Injunction) / Judgment on Application for Interim Order Pending Arbitration
Outcome
Interim order granted (limited injunction)
Legal Topics
Interim Injunctions, Access to Documents, Agency Records, Arbitration Act 1996, Confidential Information
Commercial Law Arbitration Agency Law Interim Injunctions Access to Documents Agency Records Arbitration Act 1996 Confidential Information

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hiscox Underwriting Limited & Another

Claimant

Dickson Manchester & Co Limited & Another

Defendant

Procedural Posture

Commercial Court Application (interim Injunction) / Judgment on Application for Interim Order Pending Arbitration

Legal Issues

  1. 1 Whether the court has jurisdiction to grant an interim injunction for access to agency documents pending arbitration under the Arbitration Act 1996
  2. 2 Whether the claimant is entitled to access documents identifying producing brokers under the binding authority agreement
  3. 3 Whether confidentiality or undertakings prevent access to such documents

Ratio Decidendi

The court has jurisdiction to grant an interim injunction under section 44 of the Arbitration Act 1996 in urgent cases where the arbitral tribunal cannot act effectively. The documents sought by Hiscox are agency records to which it is entitled under both the agreement and agency law, including those identifying producing brokers. The balance of convenience and urgency justify granting limited interim access to these records pending arbitration, as damages would not be an adequate remedy for loss of business.

Court Disposition

Interim order granted (limited injunction)

Orders

  • DM to give Hiscox access to records of insurances which have fallen due but not yet been renewed and to insurances falling due for renewal up to the date of the arbitration award, for the purpose of inspection, photographing, copying, and extracting during normal business hours.