Insurance in litigation: disclosure of insurance coverage

England has set its face against the disclosure of insurance arrangements in litigation. Re RBS Rights Issue Litigation [2017] EWHC 463 (Ch), a decision of Hildyard J, involved a rejection by the court of an application for disclosure of the insurance arrangements of those funding claimants in a group action, the purpose of the application being to allow the defendants to decide whether or not to apply for security for costs.

Peel Port Shareholder Finance Co Ltd v Dornoch Ltd [2017] EWHC 876 (TCC), a decision of Jefford J, involved the rejection of an application for the disclosure of the liability policy known to be held by a defendant who was solvent.