E&W Brussels I (recast)—dealing with insurance matters [Archived]

Produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith
Practice notes

E&W Brussels I (recast)—dealing with insurance matters [Archived]

Produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith

Practice notes
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ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note is of assistance when seeking to determine which EU Member state’s courts have jurisdiction to hear an insurance claim. Specifically, it addresses the reforms in Regulation (EU) 1215/2012, Brussels I (Recast) as they relate to insurance matters. These are set out in the regulation at Chapter II, Section 3 in Articles 10–15. This Practice Note considers the general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party. The position where parties are on an equal footing is also explored. Additional protection, where there might otherwise be tacit prorogation of jurisdiction, is considered as is the impact of an agreed jurisdiction clause in an insurance dispute.

This Practice Note contains Court of Justice decisions which post date the UK’s departure from the EU. For guidance on their

Thomas Morgan
Thomas Morgan

Tom is an Associate in the Global Commercial Disputes Group at Reed Smith LLP.
Tom has experience in a wide range of contentious matters conducted in the English High Court. Tom has particular experience in insurance recovery, commercial litigation, and banking and financial services disputes.

Mark Pring
Mark Pring

Mark is a London-based partner in Reed Smith's Insurance Recovery Group, a market-leading team of coverage experts operating internationally who are committed to providing support only to insured policyholders. Mark has had extensive experience, for nearly 30 years, in handling high-value, multi-jurisdictional insurance and other commercial disputes (including cross-border litigation and arbitration proceedings). In the insurance context, that experience has covered a range of non-marine and marine risks - including professional indemnity, financial institutions, directors' and officers' liability, property, energy and construction risks. Mark's practice also increasingly involves "risk management" work, including advising on corporate governance matters, reviewing anti-corruption policies and procedures and conducting reviews of insurance arrangements. Having previously lived and worked in the region, Mark continues to work closely with clients from, and investors into, Middle East jurisdictions. He has also developed a strong reputation for assisting policyholder clients based in a number of offshore jurisdictions (in particular, Jersey and Guernsey).

Mark is regularly commended by independent legal directories: he "is brilliant. He never shies away from in-depth and complicated discussions but also has a very good and accessible way of explaining things. He is lovely to work with and gets on very well with clients." "He is an insurance expert who gets to the heart of things." - Chambers & Partners UK, 2022.

Mark was granted Higher Rights of Audience (Civil Proceedings) in November 2016. 

Mark was identified as a "Best Client Partner 2014" in a Legal Week survey of FTSE 100 general counsel.

Finally, Mark is the coordinating partner for a number of Reed Smith’s pro bono initiatives focusing on access to justice and immigration law rights.

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Jurisdiction(s):
United Kingdom
Key definition:
Recast definition
What does Recast mean?

A recast piece of EU legislation is the result of a mix of substantial amendment and codification; the new EU legal act will have its own new name and number as it will go through the full legislative procedure.

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