Mode Management Limited & Anor v AXA Insurance UK PLC

Mode Management Limited & Anor v AXA Insurance UK PLC

Mode and Mr Tregunno's claims have no real prospect of success: the claim for specific performance is not available as damages are adequate and the claim is statute-barred; the FSMA claim fails as Mode was acting in the course of business and is not a 'private person'; Mr Tregunno's claim under the 1774 Act is dependent on Mode's claim and thus also fails. Laches bars any equitable claim due to unexplained delay.

Parties
Claimant: Mode Management Limited; Claimant: Gary Tregunno; Defendant: AXA Insurance UK Plc
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Summary Judgment Application / Judgment on Application for Summary Judgment And/or Strike Out
Outcome
summary judgment granted and claims struck out in favour of AXA Insurance UK Plc
Legal Topics
Summary Judgment, Strike Out, Specific Performance, Statute of Limitations, Laches, Breach of Statutory Duty, Insurance Indemnity, Trusts, Regulation of Financial Services
Insurance Law Civil Procedure Contract Law Summary Judgment Strike Out Specific Performance Statute of Limitations Laches +4 more

Case Brief

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Parties

Mode Management Limited

Claimant

Gary Tregunno

Claimant

AXA Insurance UK Plc

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Application for Summary Judgment And/or Strike Out

Legal Issues

  1. 1 Whether Mode's claim for specific performance of AXA's secondary liability under the insurance policy has a real prospect of success
  2. 2 Whether Mode's claim for damages under section 138D of the Financial Services and Markets Act 2000 has a real prospect of success
  3. 3 Whether Mr Tregunno's claim under section 83 of the Fire Prevention (Metropolis) Act 1774 has a real prospect of success

Ratio Decidendi

Mode and Mr Tregunno's claims have no real prospect of success: the claim for specific performance is not available as damages are adequate and the claim is statute-barred; the FSMA claim fails as Mode was acting in the course of business and is not a 'private person'; Mr Tregunno's claim under the 1774 Act is dependent on Mode's claim and thus also fails. Laches bars any equitable claim due to unexplained delay.

Court Disposition

summary judgment granted and claims struck out in favour of AXA Insurance UK Plc

Orders

  • All claims by Mode Management Limited and Gary Tregunno are struck out and/or summary judgment is granted in favour of AXA Insurance UK Plc.
  • There is no compelling reason for trial.