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Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before:
HIS HONOUR JUDGE KEYSER KC
sitting as a Judge of the High Court
Between:
(1) ROYAL & SUN ALLIANCE INSURANCE LIMITED (formerly ROYAL & SUN ALLIANCE INSURANCE PLC) (on its own behalf and on behalf of all members of the Royal Insurance Group (now RSA Insurance Group) reinsured under reinsurance policies 0512428/R13/81 (M43/81), M43/82, XPM0431/301 (M43/83), 871/XPM043/401 (M43/84) and M56/84, their successors and assigns) (2) ROYAL INSURANCE (UK) LIMITED (in liquidation) (3) ROYAL & SUN ALLIANCE REINSURANCE LIMITED (formerly ROYAL REINSURANCE COMPANY LIMITED) | Claimants |
- and - | |
EQUITAS INSURANCE LIMITED | Defendant |
Sushma Ananda and Joseph Rich (instructed by Bryan Cave Leighton Paisner LLP) for the Claimants
David Scorey KC and Sarah Cowey (instructed by Norton Rose Fulbright LLP) for the Defendant
Hearing dates: 1, 2, 3 and 7 July 2025
Written submissions: 4 July 2025
Approved Judgment
This judgment was handed down remotely at 10 a.m. on 21 October 2025 by circulation to the parties or their representatives by email and by release to the National Archives.
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HIS HONOUR JUDGE KEYSER KC
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- Judge Keyser KC
- Issue 1: The Defence Costs Erosion Issue
- Issue 2: The Claims Co-operation Clause Issue
- Issue 3: The Proper and Businesslike Steps Issue
- Inclusion of the limits of the Global Excess Policies was neither reasonable nor principled
- Mr Miller failed to verify the policy limits and attachment points of the Global Excess Policies
- Mr Miller failed to verify the position regarding pollution exclusions in BOC US’s primary policies post-October 1988 Mr Miller failed to verify the position regarding pollution exclusions in BOC US’s excess policies post-October 1985
- The TTSA was entered into prematurely, before opposition briefs had been filed
- Conclusion on Issue 3
- Issue 4: The Interest Issue
- Period of interest
- Compound Interest
- Conclusions
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