The Guide Dogs for the Blind Association & Ors v Box & Ors

The Guide Dogs for the Blind Association & Ors v Box & Ors

The court has jurisdiction, under its inherent powers, to entertain the claimants’ application for a declaration on the Aggregation Point, even though the 1930 Act does not itself confer a statutory right to such a declaration prior to liability being established. The application meets the principles for declaratory relief as there is a real and present dispute, the parties are affected, and the declaration would serve a useful purpose in the litigation.

Parties
Claimant: The Guide Dogs for the Blind Association; Claimant: Yorkshire Cancer Research (formerly Yorkshire Cancer Research Campaign); Claimant: British Heart Foundation; Claimant: The National Trust for Places of Historic Interest or Natural Beauty; Defendant: Linda Mary Box; Defendant: Julian Sanderson Gill; Defendant: Dixon Coles and Gill; Defendant: HDI Global Specialty SE (formerly International Insurance Company of Hannover SE)
Jurisdiction
England and Wales
Judgment Date
21 July 2020
Procedural Posture
Civil Insurance/indemnity/probate / Interlocutory Application for Declaration on Court's Jurisdiction
Outcome
Application allowed; declaration made that the court has jurisdiction to consider the Aggregation Point.
Legal Topics
Third Party Rights Against Insurers, Declaratory Relief, Aggregation of Insurance Claims, Statutory Assignment, Court Jurisdiction
Insurance Law Civil Procedure Probate Partnership Law Third Party Rights Against Insurers Declaratory Relief Aggregation of Insurance Claims Statutory Assignment +1 more

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Parties

The Guide Dogs for the Blind Association

Claimant

Yorkshire Cancer Research (formerly Yorkshire Cancer Research Campaign)

Claimant

British Heart Foundation

Claimant

The National Trust for Places of Historic Interest or Natural Beauty

Claimant

Linda Mary Box

Defendant

Julian Sanderson Gill

Defendant

Dixon Coles and Gill

Defendant

HDI Global Specialty SE (formerly International Insurance Company of Hannover SE)

Defendant

Procedural Posture

Civil Insurance/indemnity/probate / Interlocutory Application for Declaration on Court's Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to make a declaration on the Aggregation Point under the Third Party (Rights against Insurers) Act 1930 before liability is established against the insured.
  2. 2 Whether the claimants, as third parties, can seek declaratory relief regarding insurance coverage prior to judgment or agreement on liability.
  3. 3 Whether the court's inherent jurisdiction allows for a declaration in the absence of statutory entitlement under the 1930 Act.

Ratio Decidendi

The court has jurisdiction, under its inherent powers, to entertain the claimants’ application for a declaration on the Aggregation Point, even though the 1930 Act does not itself confer a statutory right to such a declaration prior to liability being established. The application meets the principles for declaratory relief as there is a real and present dispute, the parties are affected, and the declaration would serve a useful purpose in the litigation.

Court Disposition

Application allowed; declaration made that the court has jurisdiction to consider the Aggregation Point.

Orders

  • The court declares it has jurisdiction to make a declaration in respect of the Aggregation Point in this claim.