Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors

Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors

The late-disclosed evidence was not relevant to the objective impression conveyed to insurers and would not have influenced the judge's findings on estoppel, rectification, or misrepresentation. No grounds existed for permission to appeal or extension of time.

Parties
Respondent: Ted Baker plc; Respondent: No Ordinary Designer Label Ltd; Appellant: Axa Insurance UK plc; Appellant: Fusion Insurance Services Ltd; Appellant: Tokio Marine Europe Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Policy Interpretation, Estoppel by Convention, Rectification, Misrepresentation, Non Disclosure, Business Interruption, Employee Theft
Insurance Law Contract Law Policy Interpretation Estoppel by Convention Rectification Misrepresentation Non Disclosure Business Interruption +1 more

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Parties

Ted Baker plc

Respondent

No Ordinary Designer Label Ltd

Respondent

Axa Insurance UK plc

Appellant

Fusion Insurance Services Ltd

Appellant

Tokio Marine Europe Insurance Ltd

Appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Proper construction of insurance policy wording
  2. 2 Estoppel by convention regarding scope of cover
  3. 3 Rectification of policy wording

Ratio Decidendi

The late-disclosed evidence was not relevant to the objective impression conveyed to insurers and would not have influenced the judge's findings on estoppel, rectification, or misrepresentation. No grounds existed for permission to appeal or extension of time.

Court Disposition

application dismissed

Orders

  • permission to rely on fresh evidence refused
  • extension of time for filing Appellants’ Notice refused