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23 November 2012
Issue: 7539 / Categories: Case law , Law digest , In Court
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Building contract

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2012] EWHC 3105 (TCC), [2012] All ER (D) 150 (Nov)

It was well established that, in principle, “basis of contract” clauses and warranties in relation to insurance were enforceable in law and not contrary to law or public policy. The enforceability would generally come about either by such clauses or warranties being incorporated within the contract of insurance or as a stand-alone warranty by the insured given to the insurer through the proposal form or other document in which the “basis of contract” expression or declaration was given. If the insured had innocently or otherwise signed a document, usually the proposal, as the basis of the insurance contract entered or to be entered into, which confirmed (either to the best of the insured’s knowledge or belief or absolutely) as true the contents of that document, the insurance contract would be void or unenforceable if the contents were untrue. The contract of insurance, whether contained in the policy itself or any other documents such as the quotation or a

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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