Disclosure of insurance information

There is little point in pursuing a substantial claim against a defendant unless he has significant resources or he possesses liability insurance. The short question for Irwin J in Harcourt v FEF Griffin [2007] EWHC 1500 (QB) was whether the court had the jurisdiction to order the defendant to disclose the nature of his liability insurance cover in advance of proceedings, so that the claimant can make a judgment on whether or not to pursue them. The facts of this case were slightly unusual, in that there had been a judgment on liability so that the dispute was confined to quantum, and also in that personal injuries and the possibility of a structured settlement were involved. Nevertheless Irwin J has concluded that the court has power to order disclosure by the defendant of its insurance documents.