Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors (Rev 1)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors (Rev 1)

Permission to amend the defence was refused because the application was made very late without adequate explanation, the Underwriters could have pleaded the defence earlier, the amendment would cause significant and unfair prejudice to the Owners, and the form of the amendment was unsatisfactory and lacking in necessary particulars.

Parties
Claimant: Versloot Dredging BV; Claimant: SO DC Merwestone BV; Defendant: HDI Gerling Industrie Versicherung AG; Defendant: XL Specialty Insurance Company; Defendant: Oman Insurance Co. (P. S. C.); Defendant: Navigators Insurance Company; Defendant: Reaal Schadeverzekeringen N. V.; Defendant: International General Insurance; Defendant: Mapfre Global Risks Compañia International De Seguros y Reaseguros S. A.
Jurisdiction
England and Wales
Judgment Date
14 June 2013
Procedural Posture
Commercial Insurance Dispute / Application to Amend Defence at Post Trial Stage
Outcome
Application for permission to amend defence refused
Legal Topics
Amendment of Pleadings, Non Disclosure in Insurance, Prejudice From Late Amendments
Civil Procedure Insurance Law Amendment of Pleadings Non Disclosure in Insurance Prejudice From Late Amendments

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Parties

Versloot Dredging BV

Claimant

SO DC Merwestone BV

Claimant

HDI Gerling Industrie Versicherung AG

Defendant

XL Specialty Insurance Company

Defendant

Oman Insurance Co. (P. S. C.)

Defendant

Navigators Insurance Company

Defendant

Reaal Schadeverzekeringen N. V.

Defendant

International General Insurance

Defendant

Mapfre Global Risks Compañia International De Seguros y Reaseguros S. A.

Defendant

Procedural Posture

Commercial Insurance Dispute / Application to Amend Defence at Post Trial Stage

Legal Issues

  1. 1 Whether to grant permission for a very late amendment to plead a new non-disclosure defence after trial
  2. 2 Whether the proposed amendment causes unfair prejudice to the claimants

Ratio Decidendi

Permission to amend the defence was refused because the application was made very late without adequate explanation, the Underwriters could have pleaded the defence earlier, the amendment would cause significant and unfair prejudice to the Owners, and the form of the amendment was unsatisfactory and lacking in necessary particulars.

Court Disposition

Application for permission to amend defence refused

Orders

  • Permission to re-re-amend the defence is refused