Jurisdiction(s):
United Kingdom

High Court of England and Wales blocks HCC bid to join Forsters and Victoria Johns in Riedweg property valuation claim; insurer’s liability not ‘same damage’ for contribution

Published on: 21 November 2024

Published by a Law360 reporter

Legal News

Article summary

On 18 November 2024, the High Court refused HCC International Insurance Co Plc’s bid to join the London law firm and Victoria Johns, a former banking solicitor, as additional parties to its fight with philanthropist Nicole Riedweg over her claim that an HCC‑insured surveyor overstated a property’s worth by roughly £2.5 million.

The insurer said Forsters, which acted for Riedweg in the transaction, and Johns, called by the insurer the ‘driving force’ behind the acquisition, would share liability for any resulting loss if the court ruled in Riedweg’s favour.

However, Judge James Brightwell held that HCC was not entitled to add Forsters and Johns to proceedings with contribution claims if it is ultimately later found liable.

Statute permits a defendant to seek a contribution claim against further proposed parties only where they are liable for the same damage suffered by the claimant.

But Judge James Bright found that this was not correct legally.

He said the insurer’s liability remains that arising from its obligations to the insured, which can only extend to indemnifying the insured in respect of its liability to a third party...

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