Aspen Underwriting Ltd and others v Credit Europe Bank NV

Aspen Underwriting Ltd and others v Credit Europe Bank NV

The Bank, as a beneficiary under the Policy, is entitled to the protection of section 3 of the Brussels Regulation Recast, requiring that it be sued only in the courts of its domicile. The exclusive jurisdiction clause does not bind the Bank unless it initiates legal proceedings. The Insurers’ claims are matters relating to insurance, and the Bank is within the protected class regardless of economic power. The English courts have no jurisdiction over the Insurers’ claims against the Bank.

Parties
Appellant/respondent: Aspen Underwriting Ltd and others; Respondent/appellant: Credit Europe Bank NV
Jurisdiction
England and Wales
Judgment Date
01 April 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Insurers’ appeal dismissed; Bank’s appeal allowed.
Legal Topics
Jurisdiction, Brussels Regulation Recast, Exclusive Jurisdiction Clauses, Assignment of Contractual Rights, Misrepresentation, Restitution
International Civil Procedure Insurance Law Contract Law Jurisdiction Brussels Regulation Recast Exclusive Jurisdiction Clauses Assignment of Contractual Rights Misrepresentation +1 more

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Parties

Aspen Underwriting Ltd and others

Appellant/respondent

Credit Europe Bank NV

Respondent/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Does the High Court have jurisdiction pursuant to the exclusive jurisdiction clause in the Policy?
  2. 2 Are the Insurers’ claims against the Bank 'matters relating to insurance' within Chapter II, section 3 of the Brussels Regulation Recast?
  3. 3 Is the Bank entitled to rely on section 3 by virtue of it falling within a class of persons who are entitled to the protection afforded by that section?

Ratio Decidendi

The Bank, as a beneficiary under the Policy, is entitled to the protection of section 3 of the Brussels Regulation Recast, requiring that it be sued only in the courts of its domicile. The exclusive jurisdiction clause does not bind the Bank unless it initiates legal proceedings. The Insurers’ claims are matters relating to insurance, and the Bank is within the protected class regardless of economic power. The English courts have no jurisdiction over the Insurers’ claims against the Bank.

Court Disposition

Insurers’ appeal dismissed; Bank’s appeal allowed.

Orders

  • Declaration that the High Court does not have jurisdiction over the Insurers’ claims against the Bank.