Hiscox Underwriting Ltd & Anor v Dickson Manchester & Co Ltd & Anor [2004] EWHC 479 (Comm) (5 March 2004)

Hiscox Underwriting Ltd & Anor v Dickson Manchester & Co Ltd & Anor [2004] EWHC 479 (Comm) (5 March 2004)

The court has jurisdiction under section 44 of the Arbitration Act 1996 to grant an urgent interim order for inspection of documents where the arbitral tribunal cannot act effectively, and the balance of convenience strongly favours granting access to the claimants to prevent irreparable loss of business. The documents sought, including those identifying producing brokers, are agency records belonging to the principal, and any alleged undertaking not to compete does not preclude access to such documents. Damages would not be an adequate remedy for the loss of business if access is denied.

Citation
[2004] EWHC 479 (Comm)
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 in Support of Arbitration) / Interlocutory (application for Urgent Interim Order Pending Arbitration)
Outcome
Interim order granted (pending arbitration)
Legal Topics
Interim Injunctions in Support of Arbitration, Inspection of Agency Documents, Confidentiality and Competition in Agency Relationships, Jurisdiction of Court Under Arbitration Act 1996
Commercial Law Arbitration Law Agency Law Interim Injunctions in Support of Arbitration Inspection of Agency Documents Confidentiality and Competition in Agency Relationships Jurisdiction of Court Under Arbitration Act 1996

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Parties

Hiscox Underwriting Limited & Another

Claimant

Dickson Manchester & Co Limited & Another

Defendant

Procedural Posture

Commercial Court Application (interim Injunction in Support of Arbitration) / Interlocutory (application for Urgent Interim Order Pending Arbitration)

Legal Issues

  1. 1 Does the court have jurisdiction to grant an interim injunction for inspection of documents pending arbitration under section 44 of the Arbitration Act 1996?
  2. 2 Are the claimants entitled to access documents identifying producing brokers under the binding authority agreement?
  3. 3 Does any alleged undertaking by the claimants not to compete or contact brokers preclude access to such documents?

Ratio Decidendi

The court has jurisdiction under section 44 of the Arbitration Act 1996 to grant an urgent interim order for inspection of documents where the arbitral tribunal cannot act effectively, and the balance of convenience strongly favours granting access to the claimants to prevent irreparable loss of business. The documents sought, including those identifying producing brokers, are agency records belonging to the principal, and any alleged undertaking not to compete does not preclude access to such documents. Damages would not be an adequate remedy for the loss of business if access is denied.

Court Disposition

Interim order granted (pending arbitration)

Orders

  • DM to provide Hiscox with 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 purposes of inspection, photographing, copying, and extracting, during normal business hours.