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England and Wales Case Law

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Civil procedure

Russian Operator Policy Claims, Re

The Deep Sky Claimants failed to provide sufficient evidence that security for costs would stifle their claims, particularly given evidence that parent and group companies have funded litigation costs to date. The court is entitled to expect claimants to seek funding from within their corporate structure. The amounts sought for security are proportionate and justified. Security for costs is therefore ordered in the amounts sought by the War Risk Defendants.

  • Security for costs
  • Corporate structure and funding
  • Stifling of claims
  • Costs management
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Insurance law

In the matter of IRB-Brasil Resseguros S. A. and in the matter of Community Reinsurance Corporation Limited and in the matter of Part VII of the Financial Services and Markets Act 2000

The High Court sanctioned a Part VII FSMA transfer of IRB-Brasil Resseguros S.A.’s UK branch business to Community Reinsurance Corporation Limited.

  • Part vii transfer scheme
  • Court sanction of insurance business transfer
  • Regulatory approval
  • Independent expert report
  • Policyholder protection
  • Solvency
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Insurance law [2026] EWHC 1195 (Comm)

Grimes (t/a The Cleveland Arms) & Ors v Liberty Mutual Insurance Europe SE

Grimes (t/a The Cleveland Arms) & Ors v Liberty Mutual Insurance Europe SE [2026] EWHC 1195 (Comm) (20 May 2026)

Commercial Court preliminary issues in COVID-19 business interruption claims concerning policy construction, causation, notification, and estoppel.

  • Business interruption insurance
  • Covid-19 pandemic
  • Policy construction
  • Notification requirements
  • Condition precedent
  • Estoppel
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Insurance law [2026] EWHC 1134 (Comm)

The Russian Aircraft Litigation - Operator Policy Claims (Rev1)

The Russian Aircraft Litigation - Operator Policy Claims (Rev1) [2026] EWHC 1134 (Comm) (13 May 2026)

The High Court struck out contribution claims by LP insurers against OP insurers in the Russian aircraft litigation, holding the payments did not discharge the OP insurers’ liability.

  • Contribution between insurers
  • Double insurance
  • Subrogation
  • Indemnity and reimbursement
  • Civil liability (contribution) act 1978
  • Primary and secondary liability
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Insurance law

The Russian Aircraft Litigation - Operator Policy Claims

The High Court struck out contribution claims by LP insurers against war risk underwriters, holding the insurers’ payments did not discharge the underwriters’ liability.

  • Contribution between insurers
  • Double insurance
  • Subrogation
  • Civil liability (contribution) act 1978
  • Indemnity/reimbursement
  • Insurance-law
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Private international law [2026] EWHC 1054 (KB)

Fox v Steve Fellows Road Haulage Services Ltd & Ors

Fox v Steve Fellows Road Haulage Services Ltd & Ors [2026] EWHC 1054 (KB) (06 May 2026)

The High Court held that the claimant’s claim against the Spanish defendants had a real prospect of success and that England was the proper forum.

  • Jurisdiction
  • Forum non conveniens
  • Applicable law (rome ii)
  • Employer's liability
  • Direct action against insurer
  • Contribution and indemnity
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Contract law

Tyson International Company Ltd v GIC Re, India, Corporate Member Ltd

The Confusion Clause operates as a hierarchy clause giving precedence to the MRCs over the Certificates in the event of confusion or inconsistency between the two documents. The English law and jurisdiction clause in the MRCs prevails over the New York arbitration clause in the Certificates, as the two are irreconcilable and the parties' intention, as evidenced by the Confusion Clause, was for the MRCs to take precedence.

  • Reinsurance agreements
  • Jurisdiction clauses
  • Arbitration clauses
  • Contractual construction
  • Hierarchy clauses
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Civil procedure

UK Insurance Limited v Bahader Hassankhail

The High Court partly granted specific disclosure in a fraud claim over a settled personal injury case, finding a prima facie case of iniquity and some waivers of privilege.

  • Legal professional privilege
  • Iniquity exception
  • Waiver of privilege
  • Specific disclosure
  • Abuse of process
  • Specific-disclosure
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Civil procedure [2026] EWHC 1020 (KB)

UK Insurance Ltd v Hassankhail

UK Insurance Ltd v Hassankhail [2026] EWHC 1020 (KB) (01 May 2026)

The High Court ordered substantial specific disclosure in a fraud challenge to a prior settlement, applying the iniquity exception and privilege waiver principles.

  • Legal professional privilege
  • Iniquity exception
  • Specific disclosure
  • Collateral waiver
  • Personal injury quantum
  • Abuse of process
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.