CH-2025-000032 - [2025] EWHC 2988 (Ch)

I turn to the Re-amended Particulars of Claim which now articulate the claims made by Mr Dewji. Save where otherwise appears, references hereafter in this judgment to paragraph numbers are to the relevant paragraphs of the Re-amended Particulars of Claim.

In paragraph 20 it is asserted that Mr Dewji signed the Special Terms letter (16 August 2000) excluding waiver of premium “on the misunderstanding that this was a requirement imposed on all retail clients in his position”.

Paragraphs 21 and 22 refer to Clause 8.3 of the Policy Terms and Conditions and assert that removal of the waiver of premium benefit was a breach of the Claimant’s plan and that this breach was not capable of being identified until 23 August 2021.

Paragraph 23 asserts that a “medical loading” was applied despite there being no medical grounds justifying such a loading and that on 23 August 2021 the Defendant conceded that the loading had been applied incorrectly.

Paragraph 24 asserts that a travel loading was added retrospectively after 23 August 2021, to Mr Dewji’s plan from inception and that this amounted to a repudiatory breach of contract.

Paragraph 25 asserts that Prudential has added unfair and excessive charges on the Claimant’s Plan which include increased and miscalculated premia, unauthorised deductions and unjustified administration charges which has resulted in a significant reduction in his fund valuation and surrender value under the Flexible Critical Illness Plan.

These contractual breaches are said to have caused a loss of £96,236 as particularised later in the Particulars of Claim.