Goldman & Ors v Zurich Insurance Plc & Anor [2020] EWHC 192 (TCC) (05 February 2020)

Goldman & Ors v Zurich Insurance Plc & Anor [2020] EWHC 192 (TCC) (05 February 2020)

The current proceedings are not an abuse of process because the claimants did not have sufficient grounds or evidence to plead deceit or conspiracy against ZIP regarding cover notes in the original action, and the emergence of new evidence at trial justifies the current action. The court applies a broad, merits-based judgment, considering public and private interests, and finds no misuse or abuse of process.

Citation
[2020] EWHC 192 (TCC)
Parties
Claimant: Mrs Beverley Goldman & others; Defendant: Zurich Insurance plc; Defendant: East West Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Strike Out Application / Pre Defence, Interlocutory
Outcome
Application dismissed
Legal Topics
Abuse of Process, Henderson V Henderson Principle, Fraudulent Misrepresentation, Conspiracy, Building Warranty Insurance
Civil Procedure Insurance Law Fraud Abuse of Process Henderson V Henderson Principle Fraudulent Misrepresentation Conspiracy Building Warranty Insurance

Case Brief

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Parties

Mrs Beverley Goldman & others

Claimant

Zurich Insurance plc

Defendant

East West Insurance Company Limited

Defendant

Procedural Posture

Strike Out Application / Pre Defence, Interlocutory

Legal Issues

  1. 1 Whether the current proceedings are an abuse of process under the Henderson v Henderson principle
  2. 2 Whether the claimants could and should have brought the current claims in the original action
  3. 3 Whether new evidence justifies the current action in deceit and conspiracy

Ratio Decidendi

The current proceedings are not an abuse of process because the claimants did not have sufficient grounds or evidence to plead deceit or conspiracy against ZIP regarding cover notes in the original action, and the emergence of new evidence at trial justifies the current action. The court applies a broad, merits-based judgment, considering public and private interests, and finds no misuse or abuse of process.

Court Disposition

Application dismissed

Orders

  • Claimants may proceed with the current action against both defendants
  • Defendants' strike out application is refused