Royal & Sun Alliance Insurance Plc & Ors v Textainer Group Holdings Ltd & Ors [2021] EWHC 2102 (Comm) (26 July 2021)

Royal & Sun Alliance Insurance Plc & Ors v Textainer Group Holdings Ltd & Ors [2021] EWHC 2102 (Comm) (26 July 2021)

The action is not improperly constituted under CPR 19.3 because the entitlements of the insurers are several, not joint, and the existence of multiple layers or non-participating insurers does not create a joint entitlement requiring joinder. RSA is granted permission to act as representative under CPR 19.6 for consenting insurers.

Citation
[2021] EWHC 2102 (Comm)
Parties
Claimant: Royal & Sun Alliance Insurance PLC; Claimant: International General Insurance Co (UK) Limited; Claimant: HDI Global SE (formerly HDI Gerling Verzekeringen NV); Claimant: TT Club Mutual Insurance Ltd; Defendant: Textainer Group Holdings Limited; Defendant: Textainer Limited; Defendant: Textainer Equipment Management Limited; Defendant: Textainer Equipment Management (US) Limited; Defendant: Textainer Equipment Management (UK) Limited; Defendant: Textainer Marine Containers Limited; Defendant: Textainer Marine Containers II Limited; Defendant: Textainer Marine Containers III Limited; Defendant: Textainer Marine Containers IV Limited; Defendant: Textainer Equipment Management (S) PTE LTD; Defendant: Textainer Equipment Management (US) II LLC
Jurisdiction
England and Wales
Judgment Date
26 July 2021
Procedural Posture
Commercial Insurance Dispute / Case Management Conference and Application for Representative Orders Under CPR 19.6
Outcome
Application granted; action not improperly constituted under CPR 19.3.
Legal Topics
Subrogation, Representative Actions, Joinder of Parties, Equitable Lien, Allocation of Recoveries, Interpretation of Insurance Contracts
Insurance Law Civil Procedure Subrogation Representative Actions Joinder of Parties Equitable Lien Allocation of Recoveries Interpretation of Insurance Contracts

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Parties

Royal & Sun Alliance Insurance PLC

Claimant

International General Insurance Co (UK) Limited

Claimant

HDI Global SE (formerly HDI Gerling Verzekeringen NV)

Claimant

TT Club Mutual Insurance Ltd

Claimant

Textainer Group Holdings Limited

Defendant

Textainer Limited

Defendant

Textainer Equipment Management Limited

Defendant

Textainer Equipment Management (US) Limited

Defendant

Textainer Equipment Management (UK) Limited

Defendant

Textainer Marine Containers Limited

Defendant

Textainer Marine Containers II Limited

Defendant

Textainer Marine Containers III Limited

Defendant

Textainer Marine Containers IV Limited

Defendant

Textainer Equipment Management (S) PTE LTD

Defendant

Textainer Equipment Management (US) II LLC

Defendant

Procedural Posture

Commercial Insurance Dispute / Case Management Conference and Application for Representative Orders Under CPR 19.6

Legal Issues

  1. 1 Whether the action is properly constituted under CPR 19.3 given one insurer (WPV) is not a party nor represented
  2. 2 Whether RSA should be permitted to act as representative under CPR 19.6 for other insurers
  3. 3 Whether the subscribing insurers are entitled to recoveries from Hanjin estate and how those recoveries should be allocated

Ratio Decidendi

The action is not improperly constituted under CPR 19.3 because the entitlements of the insurers are several, not joint, and the existence of multiple layers or non-participating insurers does not create a joint entitlement requiring joinder. RSA is granted permission to act as representative under CPR 19.6 for consenting insurers.

Court Disposition

Application granted; action not improperly constituted under CPR 19.3.

Orders

  • RSA granted permission under CPR 19.6 to represent consenting insurers.
  • Action may proceed without joinder of WPV, subject to further amendments to the Particulars of Claim.