Ace European Ltd & Ors v Howden Group Ltd & Anor

Ace European Ltd & Ors v Howden Group Ltd & Anor

The claimants established that the declarations sought in respect of policies 1-8 have sufficient utility for the English court to exercise jurisdiction, as there remains a real prospect that English law will be held to govern and the declarations would assist the US court or in resisting enforcement of a contrary judgment. England is clearly the appropriate forum for these claims. For policies 9-14, if the defendants undertake not to claim for asbestos-related personal injury, the declarations would be hypothetical and jurisdiction should not be exercised.

Parties
Claimant: ACE European Limited; Claimant: HDI-Gerling Industrie Versicherung AG; Claimant: New Hampshire Insurance Company; Claimant: Portman Insurance Limited; Claimant: QBE Insurance (Europe) Limited; Claimant: Swiss Re Europe SA; Defendant: Howden Group Limited; Defendant: Howden North America Inc.
Jurisdiction
England and Wales
Judgment Date
17 September 2012
Procedural Posture
Commercial Insurance Declaratory Relief / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction
Outcome
Application to set aside order is allowed in part and dismissed in part
Legal Topics
Jurisdiction, Forum Non Conveniens, Declaratory Relief, Choice of Law, Service Out of Jurisdiction
Conflict of Laws Insurance Law Civil Procedure Jurisdiction Forum Non Conveniens Declaratory Relief Choice of Law Service Out of Jurisdiction

Case Brief

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Parties

ACE European Limited

Claimant

HDI-Gerling Industrie Versicherung AG

Claimant

New Hampshire Insurance Company

Claimant

Portman Insurance Limited

Claimant

QBE Insurance (Europe) Limited

Claimant

Swiss Re Europe SA

Claimant

Howden Group Limited

Defendant

Howden North America Inc.

Defendant

Procedural Posture

Commercial Insurance Declaratory Relief / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the English court should exercise jurisdiction to grant declaratory relief regarding insurance policies where related proceedings are ongoing in Pennsylvania, USA
  2. 2 Whether the declarations sought have sufficient utility to justify service out of the jurisdiction
  3. 3 Whether England is the appropriate forum for the dispute

Ratio Decidendi

The claimants established that the declarations sought in respect of policies 1-8 have sufficient utility for the English court to exercise jurisdiction, as there remains a real prospect that English law will be held to govern and the declarations would assist the US court or in resisting enforcement of a contrary judgment. England is clearly the appropriate forum for these claims. For policies 9-14, if the defendants undertake not to claim for asbestos-related personal injury, the declarations would be hypothetical and jurisdiction should not be exercised.

Court Disposition

Application to set aside order is allowed in part and dismissed in part

Orders

  • Order set aside in respect of claims under policies 9-14 if undertaking not to claim for asbestos-related personal injury is given
  • Order otherwise stands for claims under policies 1-8