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IN THE HIGH COURT OF JUSTICE CR-2019-004895
BUSINESS AND PROPERTY COURTS OF ENGLAND
AND WALES COMPANIES COURT (CHD)
in the matter of QBE UK Limited and in the matter of
East West Insurance Company Limited and in the matter
of the Financial Services and Markets Act 2000
NOTICE IS HEREBY GIVEN that on 15 August 2019, QBE UK Limited (QBEUK) and
East West Insurance Company Limited (EWICL, and QBEUK and EWICL together
the Applicants) made an application (the Application) to the High Court of Justice
(the Court) pursuant to section 107(1) of the Financial Services and Markets Act
2000 (FSMA) for an
1. under section 111 of FSMA sanctioning an insurance business transfer scheme
for the transfer of certain insurance business of QBEUK (the Scheme), as
outlined below, to EWICL; and
2. making ancillary provisions in connection with the Scheme pursuant to
section 112 of FSMA.
The Scheme provides for the transfer to EWICL of the following general insurance
business of QBEUK (the Transferring Business):
a. certain United Kingdom and Republic of Ireland employers’ liability, public
liability and general liability business, written or assumed by QBEUK and which
incepted on or prior to 31 December 2007, subject to certain policies that are
specifically excluded under the terms of the Scheme (the Autumn Portfolio);
b. UK employers’ liability, motor and personal accident policies and global public
and products liability policies written or assumed by QBEUK and issued to Tata
Steel Europe Limited, which incepted on or after 1 January 1990 and expired
on or prior to 31 March 2016 (the Chestnut Portfolio), subject to certain
liabilities under policies comprised in the Chestnut Portfolio that are specifically
excluded under the terms of the Scheme; and
c. outwards reinsurance agreements entered into by QBEUK relating to the
Autumn Portfolio.
Copies of a report on the terms of the Scheme prepared pursuant to section 109
of FSMA (the Independent Expert Report), a statement setting out the terms of
the Scheme and a summary of the Independent Expert Report are available free
of charge to download at the QBEUK website (https://qbeeurope.com/
qbeuk-ewicl-part-vii-information/) and EWICL website (www.armourholdings.com/
regulatory-and-statutory) Supporting documents and any further news about the
Scheme will be posted on the webpage so you may wish to check for updates. You
can also request free copies of any of these documents from QBEUK by writing to
QBE, Plantation Place, 30 Fenchurch Street, London, EC3M 3BD clearly marking on
the front reference ‘Project Fall Part VII Transfer’, calling the QBEUK contact centre
on 0800 022 4027 (if calling from the UK), 1800800817 (if calling from the
Republic of Ireland) or +44 203 465 3337 (if calling from elsewhere) which is open
on Monday to Friday during usual business hours (09:00-17:00 (UK)), or emailing
qbeuk-ewicl-pvii@uk.qbe.com, or from EWICL by writing to East West Insurance
Company Limited, 20 Old Broad Street, London, EC2N 1DP clearly marking on the
front reference ‘Project Fall Part VII Transfer’, calling the EWICL contact centre on
0800 470 0437 which is open on Monday to Friday during usual business hours
(09:00-17:00 (UK)), or emailing ewicl-transfer@armourrisk.com.
The Application is directed to be heard before a judge on 29 November 2019 at
The Rolls Building, Fetter Lane, London, EC4A 1NL, United Kingdom. If approved
by the Court, it is proposed that the transfer will take effect at 00:01 (GMT) on
4 December 2019.
Any person who has an objection to the proposed transfer or believes that he or
she would be adversely affected by the carrying out of the Scheme is entitled to
make written representations to the Court and/ or have their concerns or objections
heard in person (or by a legal representative) at the hearing of the Application on
29 November 2019. Any such person may also raise their concerns or objection
with QBEUK or EWICL in writing or over the telephone and QBEUK or EWICL as
applicable will make a record of these concerns and communicate them to the
Prudential Regulation Authority, the Financial Conduct Authority, the Independent
Expert and the Court.
Any person who intends to make representations (whether by telephone or in
writing) or to appear at Court is requested (but not obliged) to provide details of
their representations or notice of their intention to appear at Court and details of
their concerns or objections as soon as possible and ideally at least 15 days before
the hearing of the Application on 29 November 2019 using the contact details set
out above.
Dated: 4 October 2019
Reynolds Porter Chamberlain LLP
Tower Bridge House, St Katharine’s Way,
London E1W 1AA,
United Kingdom
Ref: QBE4.59/AP02/MG02
Solicitors for the Applicants
www.machinery.co.uk @MachineryTweets October 2019 45 www.lehmann-rotary-tables.com
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