The parties disputed the effect of a clause aggregating claims for the purposes of limiting an insurer’s liability under professional negligence insurance.
Held: the claims of each group of investors arise from acts or omissions in a series of related transactions. The transactions fitted together in that they shared the common underlying objective of the execution of a particular development project, and they also fitted together legally through the trusts under which the investors were co-beneficiaries.
Judges:
Lord Mance, Lord Clarke, Lord Sumption, Lord Reed, Lord Toulson
Citations:
[2017] UKSC 18, [2018] 1 All ER 936, [2017] 1 WLR 1168, [2017] Lloyd’s Rep IR 209, [2017] PNLR 22, [2017] 1 CLC 668, [2017] WLR(D) 203, [2018] 1 All ER (Comm) 1097, UKSC 2016/0100
Links:
Bailii, WLRD, SC, SC Summary, SC Summary Video
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Swain v The Law Society HL 1983
The Solicitors’ Practice Rules had the force of a statute, being rules made by the Council of the Law Society with parliamentary sanction for the protection of that section of the public who might be in need of legal advice, assistance or oversight. . .
At ComC – AIG Europe Ltd v OC320301 Llp and Others ComC 14-Aug-2015
The Claimants, AIG Europe Limited, seeks a declaration that certain claims brought by many individuals against a firm of solicitors are to be aggregated and thus considered a single claim for the purposes of a claim brought by the firm of solicitors . .
Cited – AIG Europe Ltd v OC320301 Llp and Others CA 14-Apr-2016
‘This appeal turns on the true construction of an aggregation clause contained in an insurance policy applicable to all solicitors’ indemnity policies pursuant to the requirement in the Solicitors’ Act 1974 for compulsory liability insurance for . .
Cited – Lloyds TSB General Insurance Holdings and others v Lloyds Bank Group Insurance Company Ltd HL 31-Jul-2003
The applicant had paid out many claims for mis-selling pensions. They sought to claim under their insurance. The claims met the requirements of the principle insurance, but the insurance companies sought to impose a limit by aggregation.
Held: . .
Cited – Scott (for and Behalf of All Underwriting Members of Syndicates 401 and 857 at Lloyd’s) v The Copenhagen Reinsurance Company (UK) Ltd CA 16-May-2003
Where an insurance policy required damage to have been caused by an insured risk, the causative link had to be a significant rather than a weak one.
Determining whether transactions are related is therefore an acutely fact sensitive exercise, . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Insurance
Updated: 25 July 2022; Ref: scu.581024