Union Insurance Company PJSC v International Precious Metals Refiners LLC [2025] DIFC CFI 064 (20 March 2025)

Union Insurance Company PJSC v International Precious Metals Refiners LLC [2025] DIFC CFI 064 (20 March 2025)

Permission to adduce expert evidence is granted to both parties as the issues in dispute are beyond the Court’s natural understanding and require expert input. However, the Claimant is not permitted to rely on Mr Burrows and Dr Mooiman as experts due to concerns over independence and prior involvement in related...

Source-derived case information.

Citation
[2025] DIFC CFI 064
Parties
Claimant: Union Insurance Company PJSC; Defendant: International Precious Metals Refiners LLC
Jurisdiction
United Arab Emirates
Judgment Date
20 March 2025
Procedural Posture
Civil (insurance Dispute) / Interlocutory Application for Permission to Adduce Expert Evidence
Outcome
Both parties' applications for permission to adduce and rely on expert evidence are granted, subject to conditions on independence of experts.
Legal Topics
Expert Evidence, Material Non Disclosure, Fraudulent Claims, Jurisdiction Challenge, Stay of Proceedings
Insurance Law Civil Procedure Expert Evidence Material Non Disclosure Fraudulent Claims Jurisdiction Challenge Stay of Proceedings

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Parties

Union Insurance Company PJSC

Claimant

International Precious Metals Refiners LLC

Defendant

Procedural Posture

Civil (insurance Dispute) / Interlocutory Application for Permission to Adduce Expert Evidence

Legal Issues

  1. 1 Whether parties should be granted permission to adduce and rely on expert evidence in underwriting, forensic accountancy, and metals refinery fields
  2. 2 Whether the Claimant may rely on specific experts previously involved in related proceedings
  3. 3 Whether expert evidence is reasonably required to resolve the dispute

Ratio Decidendi

Permission to adduce expert evidence is granted to both parties as the issues in dispute are beyond the Court’s natural understanding and require expert input. However, the Claimant is not permitted to rely on Mr Burrows and Dr Mooiman as experts due to concerns over independence and prior involvement in related proceedings; new independent experts must be engaged by both parties.

Court Disposition

Both parties' applications for permission to adduce and rely on expert evidence are granted, subject to conditions on independence of experts.

Orders

  • Both Expert Applications are granted.
  • Claimant may not rely on Mr Burrows and Dr Mooiman as experts; new independent experts must be engaged.