Arbitral Digest

Matter

Flatley v Austin Newport Group Limited (High Court 2023/5909P; [2024] IEHC 359)

  1. 28 February 2024Ireland

    28 February 2024Ireland

    Ruling of the High Court in the case 2023/5909P dated 28 February 2024

    High Court

    Decision summary
    The High Court refused Michael Flatley's interlocutory injunction application seeking to prevent Hiscox from ceasing insurance cover and permitted amendments to the pleadings without prejudice to referral of the issues to arbitration under the policy.

    Supporting details

    3 participants
    Michael Flatley
    Hiscox Societe Anonyme
    High Court

    3 months and 17 days later · 107 days

  2. 14 June 2024Ireland

    14 June 2024Ireland

    Judgment of the High Court in the case 2023/5909P dated 14 June 2024

    High Court

    Decision summary
    The High Court referred Michael Flatley's dispute with Hiscox concerning insurance coverage for Castlehyde to arbitration under the policy's arbitration clause. It rejected the arguments that the clause was an unfair, legally ungoverned, non-transparent, unclear, or bad-faith consumer-contract term, and held that the scope of the claims under the 2022/2023 and 2023/2024 renewals was for the arbitrator to determine.

    Supporting details

    5 authorities · 9 participants
    Michael Flatley
    Representative
    AON plc (For: Michael Flatley)
    Austin Newport Group Limited
    David Cushion
    MS Amlin Underwriting Limited
    AXA XL Underwriting Agencies Limited
    Hamilton Managing Agency Limited
    Hiscox Société Anonyme
    High Court

    Authorities cited

    5
    • Consumer Rights Act 2022
      statute
    • Arbitration Act 2010
      statute
    • Arbitration Act 1954
      statute
    • UNCITRAL Model Law on International Commercial Arbitration
      model law
    • Marshall v Capital Holdings Ltd t/a Sunworld [2006] IEHC 27
      case

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Flatley v Austin Newport Group Limited (High Court 2023/5909P; [2024] IEHC 359) · Matter