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.
Citations:
Gazette 12-Nov-1997, Times 14-Nov-1997, Gazette 14-Jan-1998, [1997] EWCA Civ 2567, [1998] 3 All ER 418, [1998] 1 WLR 1049
Links:
Statutes:
Brussels Convention 1968 Art 11
Jurisdiction:
England and Wales
Citing:
Appealed to – Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action) HL 20-May-1998
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. . .
Cited by:
Appeal from – Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action) HL 20-May-1998
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. . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Insurance, Litigation Practice
Updated: 09 November 2022; Ref: scu.142967
