Shinedean Ltd v Alldown Demolition (London) Ltd & Anor [2006] EWCA Civ 939 (20 June 2006)

Shinedean Ltd v Alldown Demolition (London) Ltd & Anor [2006] EWCA Civ 939 (20 June 2006)

The insured's failure to provide relevant information and assistance to the insurer within a reasonable time constituted a breach of a condition precedent, regardless of whether the insurer suffered actual prejudice. The insurer was entitled to decline indemnity on this basis.

Citation
[2006] EWCA Civ 939
Parties
Claimant/respondent: Shinedean Limited; Defendant/appellant: Alldown Demolition (London) Limited; Second Defendant/appellant: AXA (Insurer)
Jurisdiction
England and Wales
Judgment Date
20 June 2006
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment on Appeal From Technology & Construction Court
Outcome
Appeal allowed
Legal Topics
Condition Precedent in Insurance Contracts, Reasonable Time for Compliance, Prejudice to Insurer, Co Operation Clauses, Notification Clauses
Insurance Law Contract Law Condition Precedent in Insurance Contracts Reasonable Time for Compliance Prejudice to Insurer Co Operation Clauses Notification Clauses

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Parties

Shinedean Limited

Claimant/respondent

Alldown Demolition (London) Limited

Defendant/appellant

AXA (Insurer)

Second Defendant/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment on Appeal From Technology & Construction Court

Legal Issues

  1. 1 Whether actual prejudice to the insurer is material in deciding breach of condition precedent to provide information within a reasonable time under an insurance policy
  2. 2 Whether the insured's delay in providing information constituted a breach of condition precedent regardless of prejudice

Ratio Decidendi

The insured's failure to provide relevant information and assistance to the insurer within a reasonable time constituted a breach of a condition precedent, regardless of whether the insurer suffered actual prejudice. The insurer was entitled to decline indemnity on this basis.

Court Disposition

Appeal allowed

Orders

  • Judgment of HHJ Havery QC overturned
  • AXA entitled to decline indemnity due to breach of condition precedent