Forum non conveniens in reinsurance cases

In Limit (No 3) Ltd v PDV Insurance Co Ltd [2005] Lloyd’s Rep IR 552, the Court of Appeal was asked to set aside permission granted to London market retrocessionaires to serve a claim form on a Venezuelan retrocedant out of the jurisdiction. The defences raised by the retrocessionaires were for the most part to the effect that the direct insurers were under no liability to the direct assured. The Court of Appeal, confirming the decision of Moore-Bick J, concluded that, in the absence of any express choice of jurisdiction clause nominating England (which was itself in issue), issues relating to the underlying cover were really a matter for the Venezuelan courts.