SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND CITY SIGHTSEEING MALTA LTD [2024] ScotCS CSOH_34 (21 March 2024)

SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND CITY SIGHTSEEING MALTA LTD [2024] ScotCS CSOH_34 (21 March 2024)

The claim against the second defender is not a matter 'relating to insurance' under Article 10 of Recast Brussels I, and Article 13(3) does not confer jurisdiction over the insured unless joined by the insurer; Seguros Catalana Occidente (CJEU) is binding and precludes jurisdiction in these circumstances.

Citation
[2024] ScotCS CSOH_34
Parties
Pursuer: Simon Morrison; First Defender: Mapfre Middlesea Insurance PLC; Second Defender: City Sightseeing Malta Limited
Jurisdiction
Scotland
Judgment Date
21 March 2024
Procedural Posture
Personal Injury Action / Jurisdictional Preliminary Proof
Outcome
Action dismissed against second defender
Legal Topics
Jurisdiction Post Brexit, Direct Actions Against Insurers, Interpretation of Article 13(3) Recast Brussels I, State Immunity, Lis Alibi Pendens
Private International Law Insurance Law Civil Procedure Jurisdiction Post Brexit Direct Actions Against Insurers Interpretation of Article 13(3) Recast Brussels I State Immunity Lis Alibi Pendens

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Parties

Simon Morrison

Pursuer

Mapfre Middlesea Insurance PLC

First Defender

City Sightseeing Malta Limited

Second Defender

Procedural Posture

Personal Injury Action / Jurisdictional Preliminary Proof

Legal Issues

  1. 1 Does Recast Brussels I apply to new defendants added after Brexit transition period?
  2. 2 Can Article 13(3) of Recast Brussels I confer jurisdiction over the insured (second defender) in a direct action by the injured party?

Ratio Decidendi

The claim against the second defender is not a matter 'relating to insurance' under Article 10 of Recast Brussels I, and Article 13(3) does not confer jurisdiction over the insured unless joined by the insurer; Seguros Catalana Occidente (CJEU) is binding and precludes jurisdiction in these circumstances.

Court Disposition

Action dismissed against second defender

Orders

  • Action dismissed against City Sightseeing Malta Limited
  • Questions of expenses reserved