American Reliable Insurance Company & Ors v Willis Ltd [2008] EWHC 2677 (Comm) (24 October 2008)

American Reliable Insurance Company & Ors v Willis Ltd [2008] EWHC 2677 (Comm) (24 October 2008)

Willis Limited is not permitted to withdraw admissions regarding the Sphere Drake findings (market issues) and knowledge/intention of Mr Durling due to lack of new evidence, inadequate explanation, and prejudice to claimants. Willis is permitted to withdraw the admission regarding Mr Johnson's honesty, but only if...

Source-derived case information.

Citation
[2008] EWHC 2677 (Comm)
Parties
Claimant: American Reliable Insurance Company; Claimant: Assurant General Insurance Limited; Defendant: Willis Limited; Claimant: CNA Insurance Company Limited; Claimant: CX Reinsurance Company Limited; Claimant: Continental Casualty Company
Jurisdiction
England and Wales
Judgment Date
24 October 2008
Procedural Posture
Case Management Conference / Application to Amend Defence and Withdraw Admissions
Outcome
application granted in part, refused in part
Legal Topics
Withdrawal of Admissions, Case Management, Reinsurance, Honesty of Witnesses
Civil Procedure Insurance Law Withdrawal of Admissions Case Management Reinsurance Honesty of Witnesses

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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

Claimant

Continental Casualty Company

Claimant

Procedural Posture

Case Management Conference / Application to Amend Defence and Withdraw Admissions

Legal Issues

  1. 1 Should Willis Limited be permitted to withdraw admissions in its defence regarding the Sphere Drake findings, knowledge of Mr Durling, and honesty of Mr Johnson?
  2. 2 What are the criteria for withdrawal of admissions under CPR Practice Direction 14, paragraph 7.2?

Ratio Decidendi

Willis Limited is not permitted to withdraw admissions regarding the Sphere Drake findings (market issues) and knowledge/intention of Mr Durling due to lack of new evidence, inadequate explanation, and prejudice to claimants. Willis is permitted to withdraw the admission regarding Mr Johnson's honesty, but only if it provides particulars of materials relied upon to challenge Mr Justice Thomas's findings.

Court Disposition

application granted in part, refused in part

Orders

  • Willis Limited may withdraw admission regarding Mr Johnson's honesty, subject to providing particulars of materials relied upon.
  • Willis Limited may not withdraw admissions regarding Sphere Drake findings (market issues) and knowledge/intention of Mr Durling.