Royal & Sun Alliance Insurance Plc & Ors v Rolls-Royce Plc (Rev 1)

Royal & Sun Alliance Insurance Plc & Ors v Rolls-Royce Plc (Rev 1)

Rolls-Royce failed to show that Florida is clearly or distinctly the more appropriate forum for the trial of the insurance dispute. The claim is by an English insured against predominantly English insurers under a policy governed by English law. The factors favouring Florida, including accumulated legal knowledge and parallel proceedings, do not outweigh the connections to England. The application for a stay is refused.

Parties
Claimant: ROYAL & SUN ALLIANCE INSURANCE PLC; Claimant: ZURICH INSURANCE PLC; Claimant: AVIVA INTERNATIONAL INSURANCE LIMITED; Claimant: AVIVA INSURANCE LIMITED; Claimant: XL INSURANCE COMPANY LIMITED; Claimant: ACE EUROPEAN GROUP LIMITED; Claimant: AIG UK LIMITED; Claimant: CNA INSURANCE COMPANY LIMITED; Claimant: HDI-GERLING INDUSTRIE VERSICHERUNG AG; Claimant: PORTMAN INSURANCE COMPANY LIMITED; Claimant: CHUBB INSURANCE COMPANY OF EUROPE SE; Claimant: SWISS RE EUROPE SA, UK BRANCH; Claimant: AXA CORPORATION SOLUTIONS ASSURANCE SA (UK BRANCH); Defendant: ROLLS-ROYCE PLC
Jurisdiction
England and Wales
Judgment Date
21 July 2010
Procedural Posture
Commercial Insurance Dispute / Application for Stay of Proceedings
Outcome
Application for stay refused
Legal Topics
Forum Non Conveniens, Jurisdiction, Parallel Proceedings, Lis Pendens, Interpretation of Insurance Contracts
Civil Procedure Insurance Law Private International Law Forum Non Conveniens Jurisdiction Parallel Proceedings Lis Pendens Interpretation of Insurance Contracts

Case Brief

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Parties

ROYAL & SUN ALLIANCE INSURANCE PLC

Claimant

ZURICH INSURANCE PLC

Claimant

AVIVA INTERNATIONAL INSURANCE LIMITED

Claimant

AVIVA INSURANCE LIMITED

Claimant

XL INSURANCE COMPANY LIMITED

Claimant

ACE EUROPEAN GROUP LIMITED

Claimant

AIG UK LIMITED

Claimant

CNA INSURANCE COMPANY LIMITED

Claimant

HDI-GERLING INDUSTRIE VERSICHERUNG AG

Claimant

PORTMAN INSURANCE COMPANY LIMITED

Claimant

CHUBB INSURANCE COMPANY OF EUROPE SE

Claimant

SWISS RE EUROPE SA, UK BRANCH

Claimant

AXA CORPORATION SOLUTIONS ASSURANCE SA (UK BRANCH)

Claimant

ROLLS-ROYCE PLC

Defendant

Procedural Posture

Commercial Insurance Dispute / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the English court should stay proceedings in favour of parallel proceedings in the US District Court for the Southern District of Florida
  2. 2 Whether the English court has discretion to stay proceedings under Council Regulation (EC) No 44/2001 (the Regulation)
  3. 3 Whether the doctrine of forum non conveniens applies where the Regulation confers jurisdiction

Ratio Decidendi

Rolls-Royce failed to show that Florida is clearly or distinctly the more appropriate forum for the trial of the insurance dispute. The claim is by an English insured against predominantly English insurers under a policy governed by English law. The factors favouring Florida, including accumulated legal knowledge and parallel proceedings, do not outweigh the connections to England. The application for a stay is refused.

Court Disposition

Application for stay refused

Orders

  • Proceedings in the English court to continue
  • No stay granted pending outcome of Florida proceedings