The claim concerned the attempted recovery by insurers of the proceeds of a settlement paid for the loss of a ship. The question before the Supreme Court was whether English courts had jurisdiction under the rules in the Brussels I regulation. The interpretation of that regulation in matters relating to insurance has been more commonly seen in road traffic accident cases and tour operator / holiday claims. The underlying facts in Aspen may be very different to personal injuries sustained abroad, but the decision is nevertheless relevant to them.
These were the settings for four Supreme Court judgments today, delivered by video link given the prevailing restrictions. Principles of vicarious liability were raised by two cases. Recovery of by way of damages of sums paid under a commercial contract for surrogacy was raised in a third and the fourth concerned recovery by an insurer of a settlement which it argued was vitiated by misrepresentation. This blog is necessarily short and serves only as a summary of today’s judgments.
On 10 March 2020 the Liability for NHS Charges (Treatment of Industrial Disease) (Scotland) Bill was introduced to the Scottish Parliament. If enacted, it would allow recovery by the state of charges incurred by the health service in the provision of treatment to pursuers with industrial diseases.