TRAVELERS INSURANCE CO LTD V XYZ

[2019] UKSC 48, Supreme Court, Lord Reed, Lady Black, Lord Briggs, Lord Kitchin and Lord Sumption, 30 October 2019

Insurance (liability) – Third party costs orders against liability insurers – Criteria for grant – Distinction between insured and partly insured claims – Senior Courts Act 1981, section 51

Transform supplied breast implants obtained from PIP in France, to customers. The implants had a propensity to rupture, and many did so. Proceedings by 623 claimants were brought against Transform and a Group Litigation Order was made in April 2012. Four sample cases were selected from the 623 in the Group, and all of the others were stayed. The issues in the sample cases related to the liability of Transform and the available remedies.