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Insurance—subrogated claims under Brussels Recast (Hill v Generali)

Published on: 11 January 2022
Published by: LexisPSL
  • Insurance—subrogated claims under Brussels Recast (Hill v Generali)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: The case addressed the issue whether the English court had jurisdiction over a subrogated claim by an insurer brought in the name of an English motorist in respect of insured losses together with the motorist’s own claim for uninsured losses against a Hungarian insurer in respect of a pre-Brexit motor accident in Germany under the Recast Regulation (EU) No 1215/2012. The court held that it did (placing particular weight on the avoidance of multiplicity of actions). In doing so, the court considered the approach to subrogated claims under English and European law, and the functioning and objectives of Brussels Recast, in particular in relation to insurance. The decision expressly concerns Brussels Recast, but would likely be of relevance if the UK accedes to the Lugano Convention. Written by John Bignall, barrister at 7 King’s Bench Walk. or take a trial to read the full analysis.

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