Mariusz Szrek & Ors v DIV-ING DOO & Ors
[2024] EWHC 219 (KB)
Mandy Debra Morgan v Sydney Charles Financial Services Limited
19 December 2023
[2023] EWHC 3236 (Comm)
High Court
A widow sued a Guernsey insurance company because her late husband's policies didn't cover his death. She couldn't afford to sue in Guernsey, so the English court let her sue there even though it might be fairer to sue in Guernsey.
Key Facts
- •Claimant is the executrix of the estate of Leslie Smith, who died in 2019.
- •Defendant is a Guernsey-based financial services company.
- •The deceased had two life insurance policies with the defendant that expired before his death.
- •Claimant alleges breach of contract and breach of duty by the defendant for failing to adequately explain the policies' terms.
- •Defendant contends it acted on an execution-only basis and owed no advisory duty.
- •Claimant seeks permission to serve the claim form on the defendant in Guernsey.
- •Claimant's claim is time-barred in Guernsey.
Legal Principles
Permission to serve a claim form outside the jurisdiction requires (1) a serious issue to be tried, (2) a good arguable case that the claim falls within a jurisdictional gateway, and (3) that the English court is the appropriate forum.
Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Ltd [2011] UKPC 7
A 'good arguable case' means one side has a much better argument on the material available.
Canada Trust Co v Stolzenberg (No. 2) [1998] 1 WLR 547
In determining the appropriate forum, the court considers the interests of all parties and the ends of justice; the burden is on the claimant to show England is clearly the appropriate forum.
Spiliada Maritime Corpn v Cansulex Ltd [1987] AC 460
The court considers whether the claimant acted reasonably in commencing proceedings in England and not in the foreign jurisdiction, even if the claim is time-barred in the foreign jurisdiction.
The Pioneer Container [1994] 2 AC 324
Jurisdictional gateways for service out are defined in Practice Direction 6B, paragraph 3.1.
CPR r. 6.36 and Practice Direction 6B
Outcomes
Claimant's application for permission to serve the claim form on the defendant in Guernsey is allowed.
While Guernsey might be the more appropriate forum, the claimant's inability to afford litigation there due to time bar and funding limitations, coupled with the fact that some jurisdictional gateways were met, justifies allowing the claim in England.
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