High Court clarifies order in complex insurance dispute

High Court revisits complex insurance dispute involving multiple claimants and AIG UK

The High Court of Justice, Business and Property Courts of England and Wales, King's Bench Division, recently revisited the case of Roger Leggett and 40 others against American International Group UK Limited. The case, presided over by Recorder Janet Bignell KC, involved a complex insurance dispute concerning multiple claimants.

Initially, the court handed down a judgment on the preliminary issue on 12 February 2025. However, a supplemental judgment was necessary to address the terms of the order, following procedural complications related to the submission of additional materials by the claimants.

The claimants, represented by Mr Dale Timson, had failed to submit their written submissions by the extended deadline of 31 January 2025. Despite this, it later emerged that the claimants' solicitor had indeed sent an email with additional materials to the court, which was not received due to technical issues. This led to the setting aside of the initial order on 13 February 2025.

After reviewing the newly submitted materials, the court found that the claimants' proposed orders did not align with the findings of the previous judgment. The supplemental judgment reiterated that the claimants' primary and secondary positions were not supported by the evidence presented at trial.

The court reaffirmed the defendant's draft order, which accurately reflected the findings of the preliminary issue judgment. It was determined that only six claimants were entitled to a declaration of indemnity, subject to the issue of aggregation, while the claims of the remaining claimants were dismissed.

In terms of costs, the court ordered that the claimants whose claims were dismissed should pay the defendant's costs. For the six successful claimants, the court decided there should be no order as to costs, acknowledging the complexities and procedural issues encountered during the proceedings.

This case highlights the importance of adhering to procedural deadlines and the potential consequences of technical failures in legal proceedings. It also underscores the court's discretion in revisiting and clarifying orders to ensure justice is served.

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For more information on insurance law and related disputes, see BeCivil's guide to English Data Protection Law.