XYZ v Travelers Insurance Company Ltd: QBD 24 Feb 2017

Application for an order under section 51 Senior Courts Act 1981 that Travelers Insurance Company Ltd pay to the applicants the costs they incurred in their successful claims against Transform Medical Group (CS) Limited (in Administration) for damages for injuries sustained as a result of Transform’s supply to them of defective breast implants manufactured by the French company PIP.
Held: Travelers should bear responsibility for what she had regarded as the flawed advice given by the jointly retained solicitors, mindless of the underlying conflict of interest between Travelers, which stood to gain from the addition of uninsured claimants, and Transform, which stood to lose from it.


Thirlwall DBE J


[2017] EWHC 287 (QB)




England and Wales

Cited by:

Appeal FromTravelers Insurance Company Ltd v XYZ CA 17-May-2018
The issue raised on this appeal is the liability for costs arising out of litigation concerning the supply of defective implants for use in breast surgery, which had been manufactured by PIP. The claims were made in group litigation under a Group . .
At first instanceTravelers Insurance Company Ltd v XYZ SC 30-Oct-2019
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 04 May 2022; Ref: scu.577509