Jurisdiction(s):
United Kingdom

Commercial Court: CPR 19.3 does not require joining all co-insurers where entitlements are several; representative action under CPR 19.6 permitted (RSA v Textainer, England and Wales)

Published on: 09 August 2021

Published by a LexisNexis Insurance & Reinsurance expert

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Article summary

Representative claim by and on behalf of insurance companies is properly constituted (Royal & Sun Alliance Insurance plc and others v Textainer Group Holdings Ltd and others)

Royal & Sun Alliance Insurance plc and others v Textainer Group Holdings and others [2021] EWHC 2102 (Comm)

What are the practical implications of this case?

This decision stands as an unusual authority on CPR 19.3. The rule provides, in substance, that where a claimant pursues relief to which another person is jointly entitled with him, every person sharing that joint entitlement must be joined as a party unless the court directs otherwise. The court adopted a narrow construction, treating the provision as limited to situations involving a joint legal right to the remedy. It does not encompass cases where multiple parties hold several rights to relief and merely share a common interest in the outcome. In that latter setting, the existing claimants have the ability under CPR 19.6 to act representatively for any non-participant, but they are under no obligation to do so. If they choose not to proceed on that basis, defendants cannot contend that the proceedings are defectively constituted by reliance on CPR 19.3. This remains the position, notwithstanding shared interests. What...

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