Persons Identified in Schedule 1 to the Particulars of Claim v RSA Insurance Group Plc [2021] EWHC 570 (Ch) (09 March 2021)

Persons Identified in Schedule 1 to the Particulars of Claim v RSA Insurance Group Plc [2021] EWHC 570 (Ch) (09 March 2021)

It is appropriate to include issue 10 (reliance) in the first trial alongside the RSA issues (issues 2-9), as this approach is more likely to promote efficient resolution, fair allocation of litigation burdens, and timely determination of key factual disputes, outweighing the claimants' arguments for a narrower first trial.

Citation
[2021] EWHC 570 (Ch)
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 Claim / Case Management Conference (first)
Outcome
Application determined in favour of the defendant's proposal.
Legal Topics
Section 90 a FSMA, Misleading Statements, Omissions in Published Information, Corporate Governance, Split Trials, Reliance, Causation, Quantum
Financial Services Law Securities Litigation Civil Procedure Section 90 a FSMA Misleading Statements Omissions in Published Information Corporate Governance Split Trials +3 more

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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 Claim / Case Management Conference (first)

Legal Issues

  1. 1 Whether the first trial should include only the 'RSA issues' (issues 2-9) or also issue 10 (reliance)
  2. 2 Appropriate allocation of issues between split trials
  3. 3 Efficiency and fairness in trial management

Ratio Decidendi

It is appropriate to include issue 10 (reliance) in the first trial alongside the RSA issues (issues 2-9), as this approach is more likely to promote efficient resolution, fair allocation of litigation burdens, and timely determination of key factual disputes, outweighing the claimants' arguments for a narrower first trial.

Court Disposition

Application determined in favour of the defendant's proposal.

Orders

  • First trial to include issues 2-10 (RSA issues and reliance)
  • Issues of causation and quantum to be reserved for a second trial