Law digests: 5 May 2023

Contract

FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, [2023] All ER (D) 32 (Apr)

The Court of Appeal, Civil Division dismissed the appellant (second defendant's) appeal from a decision of the Technology and Construction Court, determining a preliminary issue in favour of the claimant, the RFU, which held that the second defendant could not rely on a third-party risks insurance policy taken out by the RFU in its defence to a claim for alleged breach of a construction contract because the RFU and the second defendant were not co-insured in respect of the losses that the RFU was said to have suffered by reason of the damage for which the RFU had been indemnified by its insurer. The court held that the judge had been correct for the reasons that he had given. His analysis was entirely in accordance with the authorities. His findings of fact and his mixed findings of fact and law were also fatal to the second defendant's appeal.

Eviction

Wu v Chelmsford