Axa France v Santander Cards UK

The Court of Appeal has handed down judgment allowing Santander’s partial appeal and refusing AXA’s cross-appeal in respect of the judgment given following trial last year, please see here.

The appeal proceedings concerned the applicability of a contractual indemnity and the Civil Liability (Contribution) Act 1978 to costs incurred in respect of complaints arising from alleged miss-selling of PPI. The Court of Appeal found that the indemnity covered losses stemming from PPI sold after but not before its date, reducing AXA’s award from around £670m to around £100m.

Andrew Scott KC appeared (with Mark Howard KC) before the Court of Appeal, with Adam Zellick KC and Aaron Taylor who also appeared at the trial, instructed by Slaughter and May and Reed Smith.

Andrew Green KC and Fraser Campbell KC acted for AXA, instructed by Quinn Emanuel Urquhart & Sullivan.

The judgment can be found here.