CARVILL AMERICA INCORPORATED RK CARVILL & CO LTD v CAMPERDOWN UK LTD XL SPECIALITY INSURANCE CO

[2005] 2 Lloyd's Rep. 457

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Clarke and Lord Justice Longmore

Reinsurance - Conflict of laws - Liability for brokerage - US insurers appointing brokers in US to place reinsurance - Agreement providing that brokers would be paid by reinsurers as was customary - Reinsurance placed in England - Reinsured ending appointment of brokers - Action by brokers against reinsurers seeking brokerage - Whether reinsured a necessary and proper party to the proceedings - Whether agreement excluded liability of reinsured for brokerage - Whether custom and practice in London market that reinsurers alone liable for brokerage - Whether England the most appropriate forum for hearing of action against reinsured - CPR, rr 6.20.3 and 6.21(2A).