Mohammed Dewji v Prudential International Assurance plc

Mohammed Dewji v Prudential International Assurance plc

The claim is struck out as statute barred; the claimant knew or could with reasonable diligence have known all facts relevant to his causes of action by 2013 at the latest. There was no real prospect of success on any pleaded claim, including misrepresentation, as no causal loss or reasonable reliance was established. The Ombudsman’s determination is binding and bars re-litigation. No new loading was applied in 2021; the loading was present from inception.

Parties
Respondent/claimant: Mr Mohammed Dewji; Appellant/defendant: Prudential International Assurance plc
Jurisdiction
England and Wales
Judgment Date
13 November 2025
Procedural Posture
Civil Appeal / Appeal Judgment on Strike Out/summary Judgment Application
Outcome
Appeal allowed; claim struck out; judgment for Defendant.
Legal Topics
Limitation of Actions, Misrepresentation, Negligence, Res Judicata, Financial Services Regulation, Summary Judgment, Strike Out Applications
Contract Law Insurance Law Civil Procedure Financial Regulation Limitation of Actions Misrepresentation Negligence Res Judicata +3 more

Case Brief

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Parties

Mr Mohammed Dewji

Respondent/claimant

Prudential International Assurance plc

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal Judgment on Strike Out/summary Judgment Application

Legal Issues

  1. 1 Whether the claim is barred by limitation under the Limitation Act 1980
  2. 2 Whether the claim discloses a real prospect of success for summary judgment/strike out
  3. 3 Whether the findings of the Irish Financial Services Ombudsman are res judicata

Ratio Decidendi

The claim is struck out as statute barred; the claimant knew or could with reasonable diligence have known all facts relevant to his causes of action by 2013 at the latest. There was no real prospect of success on any pleaded claim, including misrepresentation, as no causal loss or reasonable reliance was established. The Ombudsman’s determination is binding and bars re-litigation. No new loading was applied in 2021; the loading was present from inception.

Court Disposition

Appeal allowed; claim struck out; judgment for Defendant.

Orders

  • Claim struck out in its entirety.
  • Judgment entered for Prudential International Assurance plc.