Greene Wood McLean Llp v Templeton Insurance Ltd

Greene Wood McLean Llp v Templeton Insurance Ltd

No implied term existed obliging Templeton to honour the ATE insurance policy to GWM; however, GWM is entitled to recover from Templeton by operation of law and under the Civil Liability (Contribution) Act 1978 for sums paid to discharge the miners' liabilities for adverse costs and disbursements, up to the policy limit, less sums already paid. Neither GWM nor Counsel were negligent in the conduct of the GLO application, and no direct duty of care was owed by GWM or Counsel to Templeton beyond the express contractual arrangements.

Parties
Claimant: Greene Wood McLean LLP (in Administration); Defendant: Templeton Insurance Limited; Third Party: Nellie Beardall; Fourth Party: Peter Cooke; Fifth Party: QBE Insurance (Europe Limited); Sixth Party: Oliver Campbell; Seventh Party: Andrew Prynne
Jurisdiction
England and Wales
Judgment Date
26 October 2010
Procedural Posture
Commercial/insurance/professional Negligence / Judgment After Trial
Outcome
Judgment for GWM (in part)
Legal Topics
Implied Terms, Contribution, Indemnity, Duty of Care, ATE Insurance, Solicitor's Guarantee, Subrogation, Assignment, Breach of Contract, Damages
Insurance Law Contract Law Professional Negligence Restitution Civil Procedure Implied Terms Contribution Indemnity +7 more

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Parties

Greene Wood McLean LLP (in Administration)

Claimant

Templeton Insurance Limited

Defendant

Nellie Beardall

Third Party

Peter Cooke

Fourth Party

QBE Insurance (Europe Limited)

Fifth Party

Oliver Campbell

Sixth Party

Andrew Prynne

Seventh Party

Procedural Posture

Commercial/insurance/professional Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether an implied term existed obliging Templeton to honour the ATE insurance policy to GWM
  2. 2 Whether GWM is entitled to indemnity or contribution from Templeton for sums paid to settle adverse costs and disbursements
  3. 3 Whether GWM or Counsel were negligent in the conduct of the GLO application

Ratio Decidendi

No implied term existed obliging Templeton to honour the ATE insurance policy to GWM; however, GWM is entitled to recover from Templeton by operation of law and under the Civil Liability (Contribution) Act 1978 for sums paid to discharge the miners' liabilities for adverse costs and disbursements, up to the policy limit, less sums already paid. Neither GWM nor Counsel were negligent in the conduct of the GLO application, and no direct duty of care was owed by GWM or Counsel to Templeton beyond the express contractual arrangements.

Court Disposition

Judgment for GWM (in part)

Orders

  • Templeton is liable to GWM for £1 million less the sum paid for Own Disbursements (£152,127.86), plus interest.
  • Templeton is liable for costs to GWM and other parties, subject to a small discount for GWM's failed claim on the implied term.