AL MANA LIFESTYLE TRADING LLC AND OTHERS V UNITED FIDELITY INSURANCE CO PSC AND OTHERS

[2022] EWHC 2049 (Comm), Queen’s Bench Division, Commercial Court, Mrs Justice Cockerill, 29 July 2022

Insurance (business interruption) – Jurisdiction – Construction of jurisdiction clause – Exclusive or non-exclusive – Forum non conveniens

The claimants were part of a Group carrying retail business in the UAE, Qatar and Kuwait as well as other jurisdictions outside England and Wales. The defendant insurers issued a large number of materially identical insurance policies, covering business interruption losses as part of the property all risks section. Each of the policies contained the following clause: "Applicable law and jurisdiction: [1] In accordance with the jurisdiction, local laws and practices of the country in which the policy is issued. [2] Otherwise England and Wales UK Jurisdiction shall be applied." The claimants brought proceedings in England for business interruption losses, totalling some US$40 million, said to have been the result of Covid-19. Permission to serve the insurers outside the jurisdiction was not sought, as the claimants relied upon CPR 6.33(2B)(b) under which permission is not required if the claim is made pursuant to a contract which "contains a term to the effect that the court shall have jurisdiction to determine that claim". The insurers contested jurisdiction and argued in the alternative that if there was jurisdiction that the proceedings should be stayed on forum non conveniens grounds.