Joinder of third parties

Council Regulation 44/2001 lays down jurisdictional rules for disputes where the defendant is domiciled in the European Union. Dornoch Ltd v Westminster International BV [2009] EWHC 201 (Admlty) raised the question of whether the provisions of the regulation allowed one group of underwriters with a dispute against the assured to join other underwriters to the proceedings.

Dornoch: the facts

A vessel WD Fairway, described by Mr Justice Tomlinson as a mega-size trailer hopper dredger, was insured as to hull and machinery by a number of insurers. The cover was placed in two layers. The primary layer of up to €5m was subscribed to by six companies incorporated in the Netherlands and one incorporated in Belgium, the policy being governed by English law but subject to the exclusive jurisdiction of the Dutch courts. The excess layer, was for €145m in excess of €5m, also governed by English law, was underwritten by the claimant insurers.