Goldman & Ors v Zurich Insurance Plc & Anor

Goldman & Ors v Zurich Insurance Plc & Anor

The current proceedings are not an abuse of process. The claimants were not aware, nor should they reasonably have been aware, of the facts necessary to plead the deceit and conspiracy claims in the original action. There is no evidence that the claimants or their advisers consciously held back the claims. Even if the facts were discoverable, the failure to investigate was not so serious as to justify striking out the claim. The application to strike out is dismissed.

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
Civil (technology and Construction Court) / Ruling on Application to Strike Out Claim as Abuse of Process
Outcome
Application to strike out dismissed
Legal Topics
Abuse of Process, Henderson V Henderson Abuse, Deceit, Conspiracy, Building Warranty Insurance, Fraudulent Misrepresentation
Civil Procedure Insurance Law Tort Law Abuse of Process Henderson V Henderson Abuse Deceit Conspiracy Building Warranty Insurance +1 more

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Parties

Mrs Beverley Goldman & others

Claimant

Zurich Insurance plc

Defendant

East West Insurance Company Limited

Defendant

Procedural Posture

Civil (technology and Construction Court) / Ruling on Application to Strike Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether the current claim is an abuse of process under the Henderson v Henderson principle
  2. 2 Whether the claimants could and should have brought the deceit and conspiracy claims in the original action
  3. 3 Whether the current claims should be struck out as an abuse of process

Ratio Decidendi

The current proceedings are not an abuse of process. The claimants were not aware, nor should they reasonably have been aware, of the facts necessary to plead the deceit and conspiracy claims in the original action. There is no evidence that the claimants or their advisers consciously held back the claims. Even if the facts were discoverable, the failure to investigate was not so serious as to justify striking out the claim. The application to strike out is dismissed.

Court Disposition

Application to strike out dismissed

Orders

  • Claimants are entitled to proceed with the current action against both defendants