Arts & Antiques Ltd v Richards & Ors [2013] EWHC 3361 (Comm) (05 November 2013)

Arts & Antiques Ltd v Richards & Ors [2013] EWHC 3361 (Comm) (05 November 2013)

Claims against Zurich and Mr Richards are struck out due to issue estoppel and abuse of process arising from the arbitration decision that the contract contained CP2. All claims against Towergate are struck out except those based on failure to advise about CP2, which have real prospects of success and may proceed subject to proper pleading. Security for costs is ordered in principle against A&A for Towergate's costs.

Citation
[2013] EWHC 3361 (Comm)
Parties
Claimant: Arts & Antiques Limited; Defendant: Peter Richards; Defendant: Towergate London Market Limited; Defendant: Zurich Insurance Plc
Jurisdiction
England and Wales
Judgment Date
05 November 2013
Procedural Posture
Commercial Court Claim / Strike Out and Summary Judgment Applications
Outcome
Claims against Zurich and Mr Richards struck out; claims against Towergate struck out except for negligence claim based on failure to advise about CP2; Towergate entitled to security for costs in principle; A&A to replead Particulars of Claim.
Legal Topics
Issue Estoppel, Abuse of Process, Professional Negligence, Agency, Security for Costs
Insurance Law Civil Procedure Arbitration Issue Estoppel Abuse of Process Professional Negligence Agency Security for Costs

Case Brief

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Parties

Arts & Antiques Limited

Claimant

Peter Richards

Defendant

Towergate London Market Limited

Defendant

Zurich Insurance Plc

Defendant

Procedural Posture

Commercial Court Claim / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether claims against Zurich and Mr Richards are barred by issue estoppel or abuse of process
  2. 2 Whether claims against Towergate and Mr Richards should be struck out or summarily dismissed
  3. 3 Whether Towergate owed a duty of care in advising on CP2

Ratio Decidendi

Claims against Zurich and Mr Richards are struck out due to issue estoppel and abuse of process arising from the arbitration decision that the contract contained CP2. All claims against Towergate are struck out except those based on failure to advise about CP2, which have real prospects of success and may proceed subject to proper pleading. Security for costs is ordered in principle against A&A for Towergate's costs.

Court Disposition

Claims against Zurich and Mr Richards struck out; claims against Towergate struck out except for negligence claim based on failure to advise about CP2; Towergate entitled to security for costs in principle; A&A to replead Particulars of Claim.

Orders

  • Claims against Zurich struck out
  • Claims against Mr Richards struck out