The Brussels Convention requires an insurance company to commence a claim against an insured in the country in which it operates. This applies also to non-convention countries, and a counterclaim may not add a new party from another jurisdiction.
Citations:
Times 17-Dec-1998, [1998] UKHL 49; [1999] 2 AC 127; [1999] 2 WLR 134; [1999] 1 All ER 289, [1999] 2 AC 127
Links:
Statutes:
Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968
Jurisdiction:
England and Wales
Citing:
Appeal from – Jordan Grand Prix Limited v Baltic Insurance Group and others CA 24-Oct-1997
A counterclaim by insurers had to be limited to the original defendants. There is no jurisdiction to join additional third parties who were not within the jurisdiction. . .
Cited by:
Appealed to – Jordan Grand Prix Limited v Baltic Insurance Group and others CA 24-Oct-1997
A counterclaim by insurers had to be limited to the original defendants. There is no jurisdiction to join additional third parties who were not within the jurisdiction. . .
Cited – Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie QBD 17-Mar-2003
The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim.
Held: Article 6 should not be construed so widely as to allow a . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Insurance
Updated: 23 May 2022; Ref: scu.135152