YOUELL AND ORS v KARA MARA SHIPPING CO LTD AND ORS

[2001] Lloyd's Rep IR 553

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Aikens

Insurance (marine) - Policies governed by English law and subject to exclusive jurisdiction of English Courts - Judgment against assureds in Louisiana in favour of third party - Direct claim by third party against liability insurers in Louisiana under Direct Action Statute - Whether anti-suit injunction should be granted to restrain third party claim under Direct Action Statute - Jurisdiction of English courts to grant anti-suit injunction against third party - RSC Order 11, rule 1(1)(d) - Whether English Courts should assert jurisdiction over insurers’ claim for declaration as to meaning of policies - Whether third party a proper party to those proceedings - RSC Order 11, rule 1(1)(c) - Whether procedural defects could be cured - CPR 1998, rule 3.10.