Arag Plc v Jones & Anor

Arag Plc v Jones & Anor

Ms Gibson, as joint debtor, had a common law right to contribution from the defendant for costs paid to Mr Francis, and ARAG Plc as her indemnity insurer is entitled to be subrogated to that right; the claim is not statute-barred and judgment is entered for £20,000.

Parties
Claimant: ARAG Plc; Defendant: Leighton Jones; Third Party: Newbold & Co.
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Commercial Claim for Contribution / Judgment After Trial
Outcome
Judgment for the claimant for £20,000 as contribution from the defendant.
Legal Topics
Contribution Between Joint Debtors, Subrogation Rights of Insurers, Limitation Periods, Indemnity Insurance, Costs Liability
Contract Law Insurance Law Civil Procedure Contribution Between Joint Debtors Subrogation Rights of Insurers Limitation Periods Indemnity Insurance Costs Liability

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Parties

ARAG Plc

Claimant

Leighton Jones

Defendant

Newbold & Co.

Third Party

Procedural Posture

Commercial Claim for Contribution / Judgment After Trial

Legal Issues

  1. 1 Whether Ms Gibson had a cause of action for contribution against the defendant
  2. 2 Whether the claim for contribution is barred by limitation
  3. 3 Whether the claimant insurer is entitled to bring the claim by subrogation

Ratio Decidendi

Ms Gibson, as joint debtor, had a common law right to contribution from the defendant for costs paid to Mr Francis, and ARAG Plc as her indemnity insurer is entitled to be subrogated to that right; the claim is not statute-barred and judgment is entered for £20,000.

Court Disposition

Judgment for the claimant for £20,000 as contribution from the defendant.

Orders

  • Defendant to pay claimant £20,000 as contribution for costs paid to Mr Francis.
  • No contribution ordered for costs lawyers' fees (£1,200).