Case Nos: CL-2020-000705 and CL-2021-000536 - [2025] EWHC 1720 (Comm)

This is my judgment in relation to the issues argued at a CMC listed on 27 June 2025. The listing followed a decision by the Court of Appeal to overrule my conclusion that the claimants were confined to claiming under the policy that is the subject of this claim for losses that occurred during the period of insurance. The Court of Appeal remitted the claims back to me to determine the losses within the scope of the policy applying its analysis of what losses occurred that were within the scope of the policy as the Court of Appeal defined that scope and then to reach conclusions as to the sum that the claimants should recover.

Given the absence of any apparent cooperation between the parties at any stage in these proceedings, it should be unsurprising that the parties were not able to agree on how I should proceed to resolve the remitted issues. The argument between the parties took 2½ hours. I was unable to give judgment at the time because there was no time available to do so given that I had a following case listed also to last 2½ hours. This situation was the result of a failure to list the CMC with a realistic time estimate. At the hand down of this judgment, I will consider what if any costs sanctions ought to be imposed on the parties for that failure.

At the end of the hearing, I directed that the parties attempt to resolve what remains of this dispute by NDR and fixed a window for that exercise. It follows that the directions I set out below will take effect from the closure of that window.