American Reliable Insurance Company & Ors v Willis Ltd

American Reliable Insurance Company & Ors v Willis Ltd

Willis Limited is not permitted to withdraw admissions regarding the nature of the market (Sphere Drake admissions) or the knowledge and intention of Mr Durling, as there is no new evidence or sufficient explanation for the change, and withdrawal would cause significant prejudice and is not justified. However, Willis is permitted to withdraw the admission regarding Mr Johnson's honesty, but only on condition that they provide particulars of the materials relied upon to challenge the previous finding.

Parties
Claimant: American Reliable Insurance Company; Claimant: Assurant General Insurance Limited; Defendant: Willis Limited; Claimant: CNA Insurance Company Limited; Claimant: CX Reinsurance Company Limited (formerly CNA Reinsurance Company Limited); Claimant: Continental Casualty Company
Jurisdiction
England and Wales
Judgment Date
24 October 2008
Procedural Posture
Civil (commercial Court) / Case Management Conference; Application to Withdraw Admissions in Defence
Outcome
Application to withdraw admissions allowed in part and refused in part
Legal Topics
Withdrawal of Admissions, Case Management, Prejudice, Practice Direction to CPR Part 14
Civil Procedure Insurance Law Withdrawal of Admissions Case Management Prejudice Practice Direction to CPR Part 14

Case Brief

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Parties

American Reliable Insurance Company

Claimant

Assurant General Insurance Limited

Claimant

Willis Limited

Defendant

CNA Insurance Company Limited

Claimant

CX Reinsurance Company Limited (formerly CNA Reinsurance Company Limited)

Claimant

Continental Casualty Company

Claimant

Procedural Posture

Civil (commercial Court) / Case Management Conference; Application to Withdraw Admissions in Defence

Legal Issues

  1. 1 Whether Willis Limited should be permitted to withdraw certain admissions in its defence in the ARIC action
  2. 2 Whether the withdrawal of admissions would cause prejudice or affect the administration of justice

Ratio Decidendi

Willis Limited is not permitted to withdraw admissions regarding the nature of the market (Sphere Drake admissions) or the knowledge and intention of Mr Durling, as there is no new evidence or sufficient explanation for the change, and withdrawal would cause significant prejudice and is not justified. However, Willis is permitted to withdraw the admission regarding Mr Johnson's honesty, but only on condition that they provide particulars of the materials relied upon to challenge the previous finding.

Court Disposition

Application to withdraw admissions allowed in part and refused in part

Orders

  • Willis Limited is refused permission to withdraw admissions regarding the nature of the market and Mr Durling's knowledge and intention.
  • Willis Limited is granted permission to withdraw the admission regarding Mr Johnson's honesty, conditional upon providing particulars of the materials relied upon.