LM-2024-000252 - [2025] EWHC 2704 (Comm)

Equitas has not proved its pleaded allegations of failure to take proper and businesslike steps. Therefore it is fully bound by the follow settlements clause.

For the avoidance of doubt, I make clear that I have disregarded other complaints raised in evidence but not pleaded. Several such allegations were raised in the course of evidence, including failure to take a late notice defence, failure to ascertain the available insurance cover between 1917 and 1988, failure to investigate the reasons behind BOC’s purchase of the Global Excess Policies, and a flawed approach to sampling of the bodily injury claims against BOC to ascertain exposure dates. This dispute has been maturing over many years. Equitas has amended its defence three times. Disclosure was conducted on the basis of the issues as they arise from the statements of case. No application was made for a further amendment. If allegations are not set out in the re-re-amended defence, they cannot be relied on.