Peel Port Shareholder Finance Ltd v Dornoch Limited 26/4/17 (TCC)

An application under CPR 31.16 by a claimant against an insurer of a solvent defendant for disclosure of that insured’s insurance policy was refused. While the threshold conditions of CPR 31.16 were met, as a matter of discretion such disclosure would not ordinarily be made even where if litigation were to proceed it was highly probable that the insured would be held liable and there was strong evidence that it would not be able to meet the judgment against it and would be put into liquidation and highly probable that rights against insurers would be transferred to the third party.