The Court of Appeal clarified the doctrine of abuse of process in the context of related but separate actions. Tim Gleason and Megan Phyper acted for counsel for the plaintiffs who had settled a mass tort claim relating to pandemic coverage in an insurance policy. Aviva alleged that the settlement had to be disclosed because it was a party to a class action involving the same claims. The Court of Appeal held that Aviva could not “have its cake and eat it too”, having previously objected to being joined as a defendant in the action.
The Court of Appeal reversed the Handley line of cases which had previously held that the failure to disclose a partial settlement agreement invariably resulted in a mandatory stay of proceedings. Sean Dewart and Brett Hughes acted for the successful appellants in two of the test cases before the Court.
The Court of Appeal clarified the doctrine of abuse of process in the context of related but separate actions. Tim Gleason and Megan Phyper acted for counsel for the plaintiffs who had settled a mass tort claim relating to pandemic coverage in an insurance policy. Aviva alleged that the settlement had to be disclosed because it was a party to a class action involving the same claims. The Court of Appeal held that Aviva could not “have its cake and eat it too”, having previously objected to being joined as a defendant in the action.
The Court of Appeal clarified the doctrine of abuse of process in the context of related but separate actions. Tim Gleason and Megan Phyper acted for counsel for the plaintiffs who had settled a mass tort claim relating to pandemic coverage in an insurance policy. Aviva alleged that the settlement had to be disclosed because it was a party to a class action involving the same claims. The Court of Appeal held that Aviva could not “have its cake and eat it too”, having previously objected to being joined as a defendant in the action.
