Limit (No 3) Ltd and others v PDV Insurance Company: CA 11 Apr 2005

There had been substantial oil leaks in Venezuela, which had been insured and then re-insured in London. Permission had been given to serve the defendant out of the jurisdiction, but that permission had been set aside. The claimant now appealed.
Held: The claimant’s appeal failed. The burden was on him to identify and particularis the issues for the court to see whether the appropriate forum lay elsewhere. It was for Limit to show that England is clearly the most suitable forum for trial in the interests of the parties and for the ends of justice. It was not for the defendant to speculate as to how the action might proceed.
Auld, Tuckey, Clarke LJJ
[2005] EWCA Civ 383, Times 14-Apr-2005, [2005] Lloyd’s Rep IR 552
Bailii
England and Wales
Citing:
CitedBensaude v Thames and Mersey Marine Insurance Co Ltd HL 1897
. .
CitedToomey of Syndicate 2021 v Banco Vitalicio De Espana Sa De Seguros Y Reasseguros CA 18-May-2004
. .
CitedHIH Casualty and General Insurance Limited v New Hampshire Insurance Company Independent Insurance Company Limited Axa Reinsurance S A CA 21-May-2001
A claim was made under a re-insurance policy which supported film finances. The re-insurers resisted the claim on the grounds of misrepresentation. Rix LJ: ‘In principle it would seem to me that it is always admissible to look at prior contracts as . .
CitedSpiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
CitedHill and Others v Mercantile and General Reinsurance Co Plc; Berry and Others v Same HL 15-Aug-1996
Liability under reinsurance was not invalidated by a compromise including other claims. The parties to reinsurance contracts could set their own ways of proving the loss within a contract. A Full Reinsurance Clause is not binding in respect of any . .
Appeal fromLimit (No 3) Ltd and others v PDV Insurance Company Ltd QBD 7-Nov-2003
When considering allowing proceedings here, the court must consider the the effect on related proceedings in another jurisdiction. . .

Cited by:
CitedVTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
CitedVTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
CitedAmin Rasheed Shipping Corp v Kuwait Insurance Co HL 1983
A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by . .

These lists may be incomplete.
Updated: 22 January 2021; Ref: scu.224091