Key Legal Concepts Analyzed in The French State v The London Steam-Ship Mutual Insurance Case: Leave to Appeal, Equitable Compensation, and Post-Brexit Jurisdiction

Citation: [2023] EWHC 3263 (Comm)
Judgment on


The case of The French State v The London Steam-Ship Mutual Insurance Association Limited encompasses several key legal concepts that were scrutinized by the High Court of Justice, King’s Bench Division, Business and Property Courts of England and Wales, Commercial Court. The case presented here for analysis revolves around applications for leave to appeal, permission to appeal, and a ‘leapfrog certificate’. The legal principles in question relate to the Arbitration Act 1996, the Administration of Justice Act 1969, the jurisdiction and jurisdictional obligations of the EU courts vis-à-vis UK courts post-Brexit, and principles of equitable compensation, issue estoppel, and public policy related to res judicata.

Key Facts

The dispute involves the French State and the Kingdom of Spain (‘the States’) against The London Steam-Ship Mutual Insurance Association Limited (Respondent or Club). Multiple aspects are covered, including the States’ application for leave to appeal under section 69(8) of the Arbitration Act 1996 (AA 1996), and Spain’s application for permission to appeal and request for a ‘leapfrog certificate’ per section 12 of the Administration of Justice Act 1969 (AJA).

Equitable Compensation and s. 69(8) AA 1996

The court granted leave to appeal under s. 69(8) AA 1996 for both States concerning equitable compensation grounds. This principle pertains to a party’s obligation to act in good faith, as is relevant in arbitration. As posited in paragraphs 7 and 13, an appeal here is viewed to hold a real prospect of success and is seen as a matter of general importance, meriting further appellate scrutiny.

s. 69(8) AA 1996 and General Public Importance

For Spain’s remaining grounds, such as the bearing of a CJEU judgment on Spain’s breach of equitable obligation to arbitrate or act unconscionably, leave under s. 69(8) AA 1996 was denied. The court reasoned (paragraphs 8-13) that these specific points were not of ‘general importance’ as they were too particularized to this case and would not reoccur due to the UK’s EU withdrawal.

Permission to Appeal and Potential Conflict of Judgments

Permission to appeal was granted for Spain’s other grounds concerning the potential irreconcilability of the Spanish judgment with English judgments per s. 66 of the AA 1996 and principles of English public policy related to res judicata (paras 14-17). This encompasses the concept that once a matter has been adjudicated by a competent court, it should not be relitigated.

Leapfrog Certificate and s. 12 AJA

The court declined to issue a ‘leapfrog certificate’, which would allow an appeal directly to the Supreme Court, bypassing the Court of Appeal. Factors influencing this decision included the lack of general public importance on certain points and the necessity for all interconnected issues to be considered together by a single appellate court (para. 18-19).


  1. Leave granted under s. 69(8) AA 1996 for both the States regarding grounds of equitable compensation.
  2. Leave denied under s. 69(8) AA 1996 for Spain’s application related to CJEU judgment bearing on Spain’s actions.
  3. Permission to appeal granted for Spain on the grounds of potential conflict between Spanish and English decisions and related public policy considerations.
  4. Leapfrog certificate denied due to lack of general public importance on specific points and the need for comprehensive consideration by the Court of Appeal.


The court’s analysis presented a meticulous approach to the appellate prospects of various legal questions raised. It highlighted the distinction between issues of general importance and case-specific issues that are unlikely to recur, especially in the context of the UK’s separation from the EU. In granting leave to appeal and permission to appeal on certain grounds and denying others, particularly the ‘leapfrog’ certificate, the court underlined the complexities of aligning arbitration awards, national judgments, and EU jurisdictional principles in the post-Brexit legal landscape. The decision underscores the importance of conceptually segregating legal principles based on their direct applicability, broader legal importance, and practical outcomes, a nuance that will inform future appellate considerations in the UK legal system.

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