SOCIETE COMMERCIALE DE REASSURANCE V ERAS (INTERNATIONAL) LTD AND OTHERS IN RE THE ERAS EIL APPEALS

(1992) 1 Re LR 249

Court of Appeal

Before Lord Justice Mustill, Lord Justice Nourse and Lord Justice Nicholls

Practice and procedure - Jurisdiction - Service of writ outside the jurisdiction - Derivative claims -”Good arguable case” - Reinsurance-led environmental impairment liability pool covering United States risks - Disastrous losses resulting in complex disputes between parties - Litigation in England and United States between pool participants - Leave to serve writ granted by judge - Appeal -Whether appellate court should interfere with lower court’s order - Principles to be applied by appellate court - RSC Order 11, r 1.