The limits of contractual discretion: UK Acorn Finance Limited v Markel (UK) Limited [2020] EWHC 922 (Comm)


In UK Acorn Finance Limited v Markel (UK) Limited, HHJ Pelling QC applied the Supreme Court’s decision in Braganza v BP Shipping Limited [2015] UKSC 17 in the context of an insurance dispute. The Judge found that…

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Underwater Empty Swimming Pool. Euro pools.

The scope of an insured’s notification of circumstances: Euro Pools Plc v Royal and Sun Alliance Plc [2019] 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…

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Liability insurers’ exposure to s51 non-party costs orders: Various Claimants v AIG (Europe) Limited [2019] EWHC 34 (QB)

In what circumstances is a liability insurer, standing behind a defendant to litigation, vulnerable to a non-party costs order in the claimant’s favour under section 51 of the Senior Courts…

Euro Pools Plc v Royal and Sun Alliance Insurance Plc [2018] EWHC 46 (Comm)

A recurring issue in the context of claims-made policies is whether a subsequent claim falls within the scope of a prior notification of circumstances.  In Euro Pools, against the background…

Crowden v QBE Insurance (Europe) Limited [2017] EWHC 2597 (Comm)

The approach to clauses limiting or excluding insurers’ liability adopted by the Supreme Court in Impact Funding Solutions v Barrington Support Services [2016] UKSC 57; [2017] AC 73 has been followed in…

AIG Europe Limited v Woodman (and others) [2017] UKSC 18

In AIG v Woodman, the Supreme Court was asked to construe clause 2.5(a)(iv) of the SRA minimum terms and conditions (“MTC”).  This was the first case before the Supreme Court…

Teal Assurance Co Ltd V (1) W R Berkley Insurance Europe Ltd; (2) Aspen Insurance Ltd [2017] EWCA Civ 25, [2017]...

Teal insured Black & Veatch Corporation (“BVC”). As part of a settlement with a third party, BVC was obliged to pay monies into escrow which the third party later became…