Ukegheson v Gresham Insurance Company Ltd & Ors [2020] EWHC 2903 (Comm) (09 November 2020)

Ukegheson v Gresham Insurance Company Ltd & Ors [2020] EWHC 2903 (Comm) (09 November 2020)

The Defendants did not breach the insurance contract or commit fraud by refusing to fund claims that, on legal advice, lacked sufficient prospects of success. The only surviving claim is for the costs of the EAT appeal, which the Defendants have agreed to pay subject to assessment. Damages for distress and other...

Source-derived case information.

Citation
[2020] EWHC 2903 (Comm)
Parties
Claimant: Sebastian Townsend Ukegheson; First Defendant: Gresham Insurance Company Limited; Second Defendant: Arc Legal Assistance Limited; Third Defendant: Russell Kent
Jurisdiction
England and Wales
Judgment Date
09 November 2020
Procedural Posture
Commercial Court Summary Judgment Application / Summary Judgment
Outcome
All claims dismissed except for the claim for costs of the appeal to the EAT, which is referred for assessment.
Legal Topics
Legal Expenses Insurance, Summary Judgment, Breach of Contract, Fraudulent Misrepresentation, Damages for Distress, Costs Assessment
Insurance Law Contract Law Civil Procedure Legal Expenses Insurance Summary Judgment Breach of Contract Fraudulent Misrepresentation Damages for Distress +1 more

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Parties

Sebastian Townsend Ukegheson

Claimant

Gresham Insurance Company Limited

First Defendant

Arc Legal Assistance Limited

Second Defendant

Russell Kent

Third Defendant

Procedural Posture

Commercial Court Summary Judgment Application / Summary Judgment

Legal Issues

  1. 1 Whether the Defendants breached the insurance contract by refusing to fund legal proceedings
  2. 2 Whether the Defendants committed fraudulent misrepresentation or deceit
  3. 3 Whether damages for mental distress are recoverable for breach of this insurance contract

Ratio Decidendi

The Defendants did not breach the insurance contract or commit fraud by refusing to fund claims that, on legal advice, lacked sufficient prospects of success. The only surviving claim is for the costs of the EAT appeal, which the Defendants have agreed to pay subject to assessment. Damages for distress and other heads of loss are not recoverable.

Court Disposition

All claims dismissed except for the claim for costs of the appeal to the EAT, which is referred for assessment.

Orders

  • Claim for costs of the EAT appeal to be assessed by a costs judge.
  • All other claims dismissed.