15 May 2019
The scope of an insured’s notification of circumstances: Euro Pools Plc v. Royal and Sun Alliance Plc  EWCA Civ 808
How should the courts approach the scope of an insured’s notification of circumstances to insurers? What, if any, limit to the scope arises from the subject knowledge of the insured? In its most important decision on notification of circumstances since the Kidsons case, the Court of Appeal has addressed these questions in Euro Pools Plc v. Royal and Sun Alliance Plc  EWCA Civ 808: part-reversing the decision of Moulder J and finding that Euro Pools’ initial notification had a ‘hornet’s nest’ aspect as regards causation.
The Court of Appeal’s decision is considered by Jamie Smith QC of 4 New Square.
All counsel in the case were from 4 New Square: Jon Hough QC and George Spalton appeared for the appellant insurers, while Ben Elkington QC and Josh Folkard appeared for the insured.