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Mulchrone v Swiss Life (UK) plc

Mulchrone v Swiss Life (UK) plc 20 June 2005 Gavin Kealey QC sitting as Deputy Judge of the High Court Commercial Court [2005] EWHC 1808 (Comm) [2005] ArbLR 43 Arbitration agreement--Enforcement--Parties--Third party beneficiary seeking to bring arbitration in own name--Whether contract governed by Contracts (Rights of Third Parties) Act 1999 (no)--Whether cause of action accrued in respect of contract governed by Contracts (Rights of Third Parties) Act 1999 (no)--Whether third party entitled to bring arbitration to enforce rights to benefits under insurance policy (no)--Contracts (Rights of Third Parties) Act 1999, ss 1, 8, and 9 Contract concluded before application of Contracts (Rights of Third Parties) Act 1999 Swiss Life and a law firm, Norton Rose, concluded a Group Income Protection Insurance in 2000 pursuant to which Swiss Life undertook to pay benefits to the firm's permanent health insurance scheme in respect of eligible employees in the event that such employees suffer disablement. Ms Mulchrone was an employee of the law firm. It was a term of Ms Mulchrone's contract of employment that she should benefit from its permanent health insurance scheme. In May 2000, Ms Mulchrone was obliged to stop work on account of a physical condition. On 22 September 2000, the law firm http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Mulchrone v Swiss Life (UK) plc

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Mulchrone v Swiss Life (UK) plc

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

20 June 2005 Gavin Kealey QC sitting as Deputy Judge of the High Court Commercial Court [2005] EWHC 1808 (Comm) [2005] ArbLR 43 Arbitration agreement--Enforcement--Parties--Third party beneficiary seeking to bring arbitration in own name--Whether contract governed by Contracts (Rights of Third Parties) Act 1999 (no)--Whether cause of action accrued in respect of contract governed by Contracts (Rights of Third Parties) Act 1999 (no)--Whether third party entitled to bring arbitration to enforce rights to benefits under insurance policy (no)--Contracts (Rights of Third Parties) Act 1999, ss 1, 8, and 9 Contract concluded before application of Contracts (Rights of Third Parties) Act 1999 Swiss Life and a law firm, Norton Rose, concluded a Group Income Protection Insurance in 2000 pursuant to which Swiss Life undertook to pay benefits to the firm's permanent health insurance scheme in respect of eligible employees in the event that such employees suffer disablement. Ms Mulchrone was an employee of the law firm. It was a term of Ms Mulchrone's contract of employment that she should benefit from its permanent health insurance scheme. In May 2000, Ms Mulchrone was obliged to stop work on account of a physical condition. On 22 September 2000, the law firm

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.585
Publisher site
See Article on Publisher Site

Abstract

20 June 2005 Gavin Kealey QC sitting as Deputy Judge of the High Court Commercial Court [2005] EWHC 1808 (Comm) [2005] ArbLR 43 Arbitration agreement--Enforcement--Parties--Third party beneficiary seeking to bring arbitration in own name--Whether contract governed by Contracts (Rights of Third Parties) Act 1999 (no)--Whether cause of action accrued in respect of contract governed by Contracts (Rights of Third Parties) Act 1999 (no)--Whether third party entitled to bring arbitration to enforce rights to benefits under insurance policy (no)--Contracts (Rights of Third Parties) Act 1999, ss 1, 8, and 9 Contract concluded before application of Contracts (Rights of Third Parties) Act 1999 Swiss Life and a law firm, Norton Rose, concluded a Group Income Protection Insurance in 2000 pursuant to which Swiss Life undertook to pay benefits to the firm's permanent health insurance scheme in respect of eligible employees in the event that such employees suffer disablement. Ms Mulchrone was an employee of the law firm. It was a term of Ms Mulchrone's contract of employment that she should benefit from its permanent health insurance scheme. In May 2000, Ms Mulchrone was obliged to stop work on account of a physical condition. On 22 September 2000, the law firm

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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