Persons Identified in Schedule 1 to the Particulars of Claim v RSA Insurance Group Plc

Persons Identified in Schedule 1 to the Particulars of Claim v RSA Insurance Group Plc

The court determined that issue 10 (reliance) should be included in the first trial alongside the RSA issues (issues 2-9), as this approach is more likely to facilitate settlement, expedite resolution of factual issues, and fairly allocate the litigation burden between the parties. The potential disadvantages of a longer first trial and some duplication of evidence were outweighed by these benefits.

Parties
Claimant: The Persons Identified in Schedule 1 to the Particulars of Claim; Defendant: RSA Insurance Group PLC
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Civil Financial Services Misrepresentation / Case Management Conference (first)
Outcome
Application granted in part; issue 10 (reliance) to be included in first trial with RSA issues.
Legal Topics
Misrepresentation in Published Information, Section 90 a FSMA Claims, Trial Splitting, Reliance and Causation, Corporate Governance
Financial Services Law Securities Law Civil Procedure Misrepresentation in Published Information Section 90 a FSMA Claims Trial Splitting Reliance and Causation Corporate Governance

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Parties

The Persons Identified in Schedule 1 to the Particulars of Claim

Claimant

RSA Insurance Group PLC

Defendant

Procedural Posture

Civil Financial Services Misrepresentation / Case Management Conference (first)

Legal Issues

  1. 1 Whether the trial should be split to include only the RSA issues or also the reliance issue (issue 10) in the first trial
  2. 2 Appropriate allocation of litigation burden between parties
  3. 3 Potential for duplication of evidence and trial length

Ratio Decidendi

The court determined that issue 10 (reliance) should be included in the first trial alongside the RSA issues (issues 2-9), as this approach is more likely to facilitate settlement, expedite resolution of factual issues, and fairly allocate the litigation burden between the parties. The potential disadvantages of a longer first trial and some duplication of evidence were outweighed by these benefits.

Court Disposition

Application granted in part; issue 10 (reliance) to be included in first trial with RSA issues.

Orders

  • First trial to determine issues 2-10 (RSA issues and reliance).
  • Causation and quantum issues to be reserved for a second trial.