Law Debenture Trust Corporation (Channel Islands) Ltd. v Lexington Insurance Company & Ors

Law Debenture Trust Corporation (Channel Islands) Ltd. v Lexington Insurance Company & Ors

HIH is entitled to access pleadings and written opening submissions to the extent they relate to allegations of fraud against JLT and Flashpoint in respect of Hollywood 1-3, except for unpleaded allegations of fraud against JLT in Hollywood 1 and 2, as the public policy of open justice supports disclosure of...

Source-derived case information.

Parties
Claimant: The Law Debenture Trust Corporation (Channel Islands) Limited; Defendant: Lexington Insurance Company; Defendant: Jardine Lloyd Thompson Risk Solutions Limited; Defendant: Asset Backed Capital Limited; Defendant: Ince & Co (a firm); Defendant: Weil Gotschal & Manges (a firm); Intervenor/applicant: HIH
Jurisdiction
England and Wales
Judgment Date
09 October 2003
Procedural Posture
Commercial Application / Application for Non Party Disclosure of Pleadings and Written Submissions
Outcome
Application granted in part
Legal Topics
Non Party Disclosure, Open Justice, Access to Court Documents, Fraud Allegations, Film Finance Litigation
Civil Procedure Commercial Law Non Party Disclosure Open Justice Access to Court Documents Fraud Allegations Film Finance Litigation

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Parties

The Law Debenture Trust Corporation (Channel Islands) Limited

Claimant

Lexington Insurance Company

Defendant

Jardine Lloyd Thompson Risk Solutions Limited

Defendant

Asset Backed Capital Limited

Defendant

Ince & Co (a firm)

Defendant

Weil Gotschal & Manges (a firm)

Defendant

HIH

Intervenor/applicant

Procedural Posture

Commercial Application / Application for Non Party Disclosure of Pleadings and Written Submissions

Legal Issues

  1. 1 Whether a non-party (HIH) is entitled to access pleadings and written opening submissions relating to allegations of fraud in settled proceedings
  2. 2 Whether written opening submissions form part of the court record and are subject to disclosure under the inherent jurisdiction of the court
  3. 3 Whether public policy of open justice requires disclosure of written submissions read by the judge prior to settlement

Ratio Decidendi

HIH is entitled to access pleadings and written opening submissions to the extent they relate to allegations of fraud against JLT and Flashpoint in respect of Hollywood 1-3, except for unpleaded allegations of fraud against JLT in Hollywood 1 and 2, as the public policy of open justice supports disclosure of documents read by the judge in the course of the hearing, but not where unresolved admissibility and potential prejudice exist.

Court Disposition

Application granted in part

Orders

  • HIH is entitled to access pleadings and written opening submissions relating to allegations of fraud against JLT and Flashpoint in Hollywood 1-3, except for unpleaded allegations of fraud against JLT in Hollywood 1 and 2.