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ARTICLE · 11 DECEMBER 2020

Prudential And Rothesay Life Successful In Appeal

William Fry LLP
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Prudential Assurance Company Ltd (Prudential) and Rothesay Life plc (Rothesay) successfully overturned the English High Court's refusal to sanction the proposed transfer of a portfolio...

IrelandLitigation, Mediation & Arbitration
John Larkin
John Larkin
Eoin Caulfield
Eoin Caulfield
Ian Murray
Ian Murray
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Prudential Assurance Company Ltd (Prudential) and Rothesay Life plc (Rothesay) successfully overturned the English High Court's refusal to sanction the proposed transfer of a portfolio of annuities from Prudential to Rothesay. The Prudential/Rothesay case had already been distinguished by another English High Court judge in Re Legal and General Assurance Society Ltd and another [2020] EWHC 2299 (Ch). We explained the reasoning behind this in our article on the case, see  here. 

On 2 December 2020, the Court of Appeal in England overturned the High Court judgment of Snowden J in the Prudential/Rothesay case. The Court of Appeal noted that there was a failure by the English High Court to give adequate weight to: 

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