Source: All England Reporter
Publisher Citation: [2002] All ER (D) 454 (Jul)
Court: Commercial Court

David Steel J

Representation Julian Flaux QC and Andrew George (instructed by Holman Fenwick & Willan) for the claimants.
  Jonathan Sumption QC and Helen Davies (instructed by Barlow Lyde & Gilbert) for the defendants.
Judgment Dates: 30 July 2002


Estoppel - Issue estoppel - Issue - Claimants bringing action under insurance policy against operational reinsurers - Claim dismissed on ground claimant aware of non-compliance with policy - Claimant bringing fresh action against defendant insurance advisers and brokers - Defendants contending action barred by issue estoppel - Whether findings in first action fatal to claim in second action.

The Case

An action against insurance brokers and advisers was dismissed, on the ground of issue estoppel in relation to the broker, and in respect of the remaining defendants on the ground that certain findings of the court in an earlier action about the claimant's knowledge was fatal to the claims.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.