TRAVELERS INSURANCE CO LTD V ARMSTRONG AND ANOTHER

[2021] EWCA Civ 978, Court of Appeal, Lady Justice King, Lady Justice Asplin and Lord Justice Coulson, 1 July 2021

Insurance (liability) – Privilege – Scope of joint retainer privilege – Rights of parties to joint retainer

Transform and its liability insurers, Travelers, jointly engaged solicitors BLM to act on their behalf in relation to claims covered by the insurance and Transform engaged BLM to act on its behalf in relation to claims not covered by the insurance. The lead solicitors for the claimants were HJ, who entered into a conditional fee arrangement with the claimants. The claims covered by the insurance were settled in 2015, but the claims not covered by the insurance were the subject of a judgment in October 2016. In the meantime, in May 2015, Transform went into administration. The judgments were not satisfied, leaving the claimants’ solicitors HJ with a shortfall in costs. HJ’s associate, HJI, took an assignment of the claimants’ rights against BLM and their counsel. HJI applied for disclosure of the joint retainer files. Travelers objected.