Dhami & Anor v Lloyds TSB General Insurance Ltd

Dhami & Anor v Lloyds TSB General Insurance Ltd

The fresh evidence sought to be introduced by the appellants was not credible, would not have influenced the outcome, and could have been obtained with reasonable diligence before trial. The Recorder's findings on Sukhdev's residence and the appellants' knowledge of his convictions were unassailable. The appeal was dismissed and the application to admit fresh evidence refused.

Parties
Appellant: Sucha Singh Dhami; Appellant: Gurmej Kaur Dhami; Respondent: Lloyds TSB General Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
09 December 2009
Procedural Posture
Civil Appeal / Appeal From Central London County Court Judgment
Outcome
appeal dismissed
Legal Topics
Non Disclosure, Admission of Fresh Evidence, Materiality of Facts, Insurance Repudiation
Insurance Law Civil Procedure Non Disclosure Admission of Fresh Evidence Materiality of Facts Insurance Repudiation

Case Brief

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Parties

Sucha Singh Dhami

Appellant

Gurmej Kaur Dhami

Appellant

Lloyds TSB General Insurance Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment

Legal Issues

  1. 1 Whether the respondent insurer was entitled to repudiate the policy for non-disclosure of criminal convictions
  2. 2 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The fresh evidence sought to be introduced by the appellants was not credible, would not have influenced the outcome, and could have been obtained with reasonable diligence before trial. The Recorder's findings on Sukhdev's residence and the appellants' knowledge of his convictions were unassailable. The appeal was dismissed and the application to admit fresh evidence refused.

Court Disposition

appeal dismissed

Orders

  • Application to admit fresh evidence refused
  • Appellants to pay respondent’s costs to be assessed if not agreed