OVERSEAS UNION INSURANCE LTDFINNISH MARINE INSURANCE COMPANY LTD KESKINAIVEN HAMEEN VAKUUTUSYHTIO PUBLIC INSURANCE COMPANY LTD OMESIDIGA SJOFORSAKRINGSBOLAGET SAMVINNOTRYGINGAR REINSURANCE COMPANY LTD UNIVERSAL CASUALTY AND SURETY V INCORPORATED GENERAL INSURANCE LTD

(1991) 1 Re LR 227

Court of Appeal

Before Lord Justice Parker, Lord Justice Stuart-Smith and Lord Justice Mann

Jurisdiction - Reinsurance pool - Claims by pool members against South African company - Service out of jurisdiction - RSC Order 11 rule 1 (d)(iii) - Whether parties’ clear intention that English law should govern - Whether England or South Africa most appropriate forum - Whether pool members had established good arguable case that moneys were due under reinsurance contracts Effect of alleged illegality.

Reinsurance contract - Illegality -Whether burden of proving illegality is prima facie case or strong probability.

Practice - Ex parte order - Burden on plaintiff when initial order challenged - RSC Order 12 rule 8 - Whether proper, on such application, to consider defence such as illegality.