Guidance For Insurers Seeking Joinder In Liability Proceedings

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Key Takeaways:

• Insurer Joinder in Litigation: The English High Court in Managed Legal Solutions v Hanison (trading as Fortitude Law) & Anor [2025] EWHC 2645 (Comm) allowed an insurer (HDI) to be joined as a defendant where it had a direct interest in a core liability issue.

• Protecting Insurer Interests: HDI’s joinder was permitted because the outcome of the tortious duty of care question would directly affect indemnity under the professional indemnity policy. The court considered joinder “desirable” as otherwise the plaintiff would only have to discharge the burden of proving its case at an uncontested hearing, as the defendant was debarred from defending the proceedings due to procedural non‑compliance.