Hamishmar Insurance Agency Ltd & Anor v Firstcity Partnership Ltd

Hamishmar Insurance Agency Ltd & Anor v Firstcity Partnership Ltd

The expert’s determination of the Counterclaim is within the scope of his instructions as defined by the letter of instruction, which encompasses the accounting issues and claims float movements. The Counterclaim is not limited to actual funding from FCP’s own resources. Applications for declarations, amendment, and strike out are dismissed.

Parties
Claimant: Hamishmar Insurance Agency Limited; Claimant: Harel Insurance Company Limited; Defendant: FirstCity Partnership Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Commercial Claim With Counterclaim / Ruling on Applications for Declarations, Amendment, and Strike Out
Outcome
Applications dismissed
Legal Topics
Expert Determination, Counterclaim, Binding Authority Agreements, Claims Float, Set Off, Contract Interpretation
Commercial Law Insurance Law Expert Determination Counterclaim Binding Authority Agreements Claims Float Set Off Contract Interpretation

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Parties

Hamishmar Insurance Agency Limited

Claimant

Harel Insurance Company Limited

Claimant

FirstCity Partnership Limited

Defendant

Procedural Posture

Commercial Claim With Counterclaim / Ruling on Applications for Declarations, Amendment, and Strike Out

Legal Issues

  1. 1 Whether the scope of expert determination included issues of funding and set-off as pleaded in the Counterclaim
  2. 2 Whether the Counterclaim should be struck out as an abuse of process or for summary judgment
  3. 3 Whether permission to amend the Defence to Counterclaim should be granted

Ratio Decidendi

The expert’s determination of the Counterclaim is within the scope of his instructions as defined by the letter of instruction, which encompasses the accounting issues and claims float movements. The Counterclaim is not limited to actual funding from FCP’s own resources. Applications for declarations, amendment, and strike out are dismissed.

Court Disposition

Applications dismissed

Orders

  • Claimants’ application for a declaration is dismissed
  • Application for permission to amend Defence to Counterclaim is dismissed