2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
In this resumed Court of Appeal judgment, Longmore LJ (with Rimer LJ and Lord Toulson concurring) addresses insurers’ English claims following settlements of marine insurance disputes arising from the loss of the Alexandros T. Company Market Insurers (CMI) and Lloyd’s Market Insurers (LMI) had entered settlement agreements with OME and Starlight and affiliated entities, providing “full and final settlement,” indemnities against associated-company claims, and English law and High Court jurisdiction. Despite settlement, owners pursued tort/delict claims in Greece. The Court holds the Greek claims fall within both settlement and indemnity provisions and within exclusive jurisdiction clauses in the settlement agreements and policies. Applying Fiona Trust, it construes clauses broadly. It rejects EU law objections, distinguishing Turner v Grovit’s anti-suit injunction context, and grants summary judgment for damages under CPR 24. The indemnity applies immediately to expenses. The appeal fails and Burton J’s orders stand.
Judgment
Lord Justice Longmore:
1. This is the resumption of the appeal from Burton J in the Alexandros T [2012] 2 All ER (Comm) 608 granting summary judgment to the Company Market Insurers ("CMI") and the Lloyd's Market Insurers ("LMI") against the shipowners and associated companies (to whom I shall refer compendiously as "the owners") for declarations, damages and indemnities in respect of the owners' proceedings in Greece seeking damages from the insurers, despite proceedings for sums due under the relevant insurance policies being settled as long ago as December 2007 and January 2008. The owners' application to stay the proceedings failed before Burton J but, on appeal, this court stayed the English proceedings pursuant to Article 27 of Council Regulation 44/2001 (EC) and expressed no view about the correctness or otherwise of Burton J's decision to grant summary judgment. The Supreme Court lifted that stay and we accordingly proceed to decide the rest of the owners' appeal.
2. The underlying facts (including the nature of the Greek proceedings) are set out in paras 1-16 of my judgment reported at [2013] 1 All ER (Comm) 1297 supplemented, as necessary, by paras 1-20 of the judgment of Lord Clarke of Stone-Cum-Ebony JSC reported at [2014] 1 All ER (Comm) 337 and need not be repeated. But for ease of comprehension I will repeat the terms of the respective settlement agreements. In each of the agreements "the Assured" were defined as being "[OME] and Starlight … as Managers and/or Owners and/or Associated and/or Affiliated Companies for their respective rights and interests in the ship Alexandros T".
3. The CMI settlement agreement then provided:-
"1. Each Underwriter agrees to pay on or before 18<sup>th</sup> January 2008 … their due proportions of the sum of US$16m … being 100% of their due proportions of the sum insured being 50% of the US$32m … without interest or costs.
2. The Assured and claimant agree to accept the EURO equivalent of each Underwriter's due proportion of US$16m … in full and final settlement of all and any claims it may have under Policy No 302/CF000220Z against the Underwriters in relation to the loss of "Alexandros T", including all claims for interest and costs (including in respect of all costs orders made to date in the proceedings) but without effect to any other insurance policy in which each Underwriter may be involved.
3. The Assured and claimant agree to Indemnify each Underwriter against any claim