Litigation & dispute resolution

Out-Law Guides

• Heather Moor & Edgecomb v UK

  The Financial Ombudsman Service had not breached Article 6 of the European Convention on Human Rights by refusing a firm's application for an oral hearing.

• AXA Seguros v Allianz

  Civil engineers' reports commissioned by reinsurers after a loss were not subject to litigation privilege because they were not produced for the dominant purpose of litigation.

• Andrews v SBJ

  A claimant who had accepted an FOS award could not bring a court action for the balance of his losses. The ombudsman's decision became final and binding when the claimant chose to accept it.

• Travelers v Countrywide

  The court had power to order pre-action disclosure against a person likely to be a party to subsequent proceedings in the High Court. This did not apply when, as a result of an arbitration clause, any subsequent proceedings would come before an arbitration...

• Gard v Glacier

  Disputes with a Swiss reinsurer and a London reinsurer participating in the same reinsurance were based on the same law and facts and should be heard by the English court. Otherwise there was a risk of different courts making irreconcilable judgments....

• Stonebridge v Ontario

  Parties to reinsurance placed in the London market by London brokers and containing standard London market terms had impliedly agreed to English law as the applicable law. This was of considerable significance in deciding the proper place for the dispute...