0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Reliance National Insurance Company v Ropner Insurance Services Ltd

1 February 2001
The issues

Automatic stay – meaning of coming before a Judge

The facts

On 9th March 2000 the Claimant’s solicitors wrote to the Defendant’s solicitors enclosing a draft application and draft consent order, both of which sought CMC. Letter made it clear that the Claimant’s solicitors were seeking to avoid an automatic stay. The Defendants did not agree to the proposed directions.
On 19th April the Claimant’s solicitors faxed to the Court a letter enclosing draft proposed letter to the effect that a stay would be inappropriate (as recommended by a note from the Admiralty and Commercial Court Registry prepared in March 2000 but making it clear that the draft proposed letter was not agreed by the Defendants. The letter asked that the draft be placed before a Judge with the request that either directions be made in the terms proposed or that there should be a CMC. The letter came before Morrison LJ who endorsed the facts with the words automatic stay to apply the Claimants have not taken sufficient steps to progress a relatively stale claim.

The decision

The mere writing of a letter to the Court even it was brought to the Judge’s attention and even if he responded to it did not mean that proceedings had come before the Court on paper. Such a letter was not a notice of application.

Appeal dismissed.

focus on...

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

Legal updates

Financial Services – ‘Duty of Care’ Bill: consumer protection or damp squib?

The Financial Services Duty of Care Bill (the “Bill”) was introduced into the House of Lords in October 2019 and had its second reading on 9 January 2020.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up