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Deutsche Ruck -v- La Fondiaria

3rd Jul 2001

[2001] 2 Lloyd’s Rep 621

David Edwards acted for a German reinsurance company successfully invoking English jurisdiction under article 5 of the Brussels Convention for a claim against a fellow member of a reinsurance pool

Practice – Claim form – Application to set aside – Good arguable case – Excess of loss reinsurance and retrocession pool – Claimants sought to recover defendants’ share of payments made by claimants – Defendants applied to set aside claim form and subsequent proceedings – Whether claimants had a good arguable case as to existence of contracts or that England was place of performance of contractual obligation.

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