Source: All England Reporter
Publisher Citation: [2016] All ER (D) 168 (Oct)
Neutral Citation: [2016] UKSC 57
Court: Supreme Court

Lord Mance, Lord Sumption, Lord Carnwath, Lord Toulson and Lord Hodge SCJJ

Representation Timothy Dutton CBE QC, Richard Chapman and Pia Dutton (instructed by Ozon Solicitors Ltd) for the respondent.
  Mark Cannon QC and Claire Dixon (instructed by Mayer Brown International LLP) for the appellant.
Judgment Dates: 26 October 2016


Insurance - Liability insurance - Professional indemnity insurance - Solicitor - Respondent company successfully suing solicitors' firm for breach of disbursements funding master agreement - Respondent issuing proceedings against firm's insurer for recovery of losses following firm's insolvency - Judge deciding insurer entitled to rely on exclusion clause in insurance policy - Insurer challenging decision to allow respondent's appeal against judge's decision - Whether respondent having contracted to supply services to solicitors in course of solicitors' provision of legal services - Whether necessary to imply restriction into relevant exclusion clause limiting its effect - .

The Case

Insurance Liability insurance. The Supreme Court held that Impact Funding Solutions Ltd (Impact) could not recover losses from professional indemnity insurers, AIG Europe Insurance Ltd (AIG), following the insolvency of a solicitors' firm that Impact had entered into contracts with, under which Impact had been responsible for disbursements incurred in actions brought by those solicitors' clients. The Court held that an exclusion clause in the insurance policy which AIG had written for the solicitors applied to defeat Impact's claim against AIG and that there was no basis for implying a restriction into that exclusion clause limiting its effect.

Practice Areas

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