Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors

Anonymity for Theo Blake is not necessary because his identity is already known to those who pose a threat; disclosure to the Second Claimant will not increase the risk to him or his mother.

Parties
Claimant: Suez Fortune Investments Ltd; Claimant: Piraeus Bank AE; Defendant: Talbot Underwriting Ltd and others; Non Party Respondent: Theo Blake; Non Party Respondent: Commissioner of the City of London Police
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Defendants' applications granted
Legal Topics
Witness Anonymity, Disclosure, War Risks Policy, Constructive Total Loss, Open Justice
Insurance Law Civil Procedure Witness Anonymity Disclosure War Risks Policy Constructive Total Loss Open Justice

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Parties

Suez Fortune Investments Ltd

Claimant

Piraeus Bank AE

Claimant

Talbot Underwriting Ltd and others

Defendant

Theo Blake

Non Party Respondent

Commissioner of the City of London Police

Non Party Respondent

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether witness anonymity for Theo Blake is necessary to protect his safety
  2. 2 Whether the true identity of Theo Blake should be disclosed to the Second Claimant
  3. 3 Balancing open justice and witness protection

Ratio Decidendi

Anonymity for Theo Blake is not necessary because his identity is already known to those who pose a threat; disclosure to the Second Claimant will not increase the risk to him or his mother.

Court Disposition

Defendants' applications granted

Orders

  • Theo Blake's true identity may be disclosed to the Second Claimant
  • Defendants granted disclosure of certain emails referred to in Theo Blake’s statement in soft copy or native format