This being the beginning of what I intend to be
regular updates, I fell across a judgment at [2010] Lloyd's Rep. IR 198: Lewis v
Norwich Union Healthcare Limited. To quote Insurance Law Monthly:
"Non-disclosure
and inducement
Lewis
v Norwich Union Healthcare Ltd [2009]
EW Misc 2 (EWCC), a decision of Recorder West-Knights QC in the Central London
County Court, is a further reminder to underwriters that the law relating to
non-disclosure these days requires proof not just of objective materiality but
also of actual inducement. If the insurers do not put up the underwriter
responsible for writing the risk, they significantly imperil their chances of
proving inducement. If the underwriter can be shown to have acted imprudently
in any event, then those chances are even further reduced."
As is
indicated by the Vendor Neutral Citation (also known as VNC, the purpose
and genesis of which I, as a matter of general interest, say something about
here - see the link at the foot of this page), that judgment is on BAILII, and indeed here it
is.
·There is another judgment of mine, Barclay v
British Airways [2008] EW Misc 1 (EWCC), a decision under Article 17 of the
Montreal Convention 1999 which governs accidents on and around passenger
aeroplanes, also on BAILII, and it was reported in the Lloyds' Law Reports
"proper". It went to the Court of Appeal as [2008]
EWCA 1419 where my decision was upheld. I promise that my association with
BAILII had nothing to do with either of these cases having being
"reported" there (and I also explain those inverted commas in the
article here on VNC).
·The source of the brief case notes on these pages is, unless
stated otherwise, handed-down judgments which appear on BAILII. If anyone finds
the fact that some links open in a new window unhelpful, or wants to make any
other constructive suggestion, I am happy to be e-mailed. I refer to all such new
cases (unless in, say, the CA Crim Div or the Division of the High Court or the
Administrative Court)
simply so that people can see whether they are of interest to them or
not.
·This venture is in one sense the completion of a circle going
back, for me, over 15 years when I started to campaign for what became
http://www.bailii.org. One of the objections to the publication on www.bailii.org of
all handed-down judgments, as to which see more when I discuss VNC etc,
was that there would be too many and that they would be undigested and have no
headnotes. Well, as I look at all new cases in any event, I used to provided at
least a minimum "headnote" to assist with a filtering process which
BAILII cannot fulfil. I stopped doing that at the end of last year as it was, sadly, too time-consuming, but the previous materials are still here.