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02 June 2017
Issue: 7748 / Categories: Case law , Law digest , In Court
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Insurance

Ashfaq v International Insurance Company Of Hannover plc [2017] EWCA Civ 357, [2017] All ER (D) 162 (May)

The Court of Appeal dismissed the insured’s appeal against a judge’s decision, granting summary judgment in favour of the respondent insurer, and dismissing the insured’s claim under an insurance policy concerning his property, which had been damaged by fire. The property had been let to students and the insurer had sought to avoid the policy on the grounds of material non-disclosure and misrepresentation. The court held that the policy amounted to business insurance, rather than consumer insurance and that the insured had no real prospect of establishing that he was a ‘consumer’, within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083), and the Insurance Conduct of Business Sourcebook rules. Accordingly, the position at common law applied and, in circumstances where the insurer had an unanswerable defence of breach of warranty, the judge had been right to enter summary judgment in its favour.

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

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Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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