LM-2024-000066 - [2025] EWHC 1416 (Comm)

For the reasons stated above, I dismiss the claimants’ application to strike out Zurich’s misrepresentation defence, and its reliance upon the second limb of the contract works exclusion, and to give summary judgment in relation thereto, conditional upon Zurich providing further particulars of those defences in the manner I have outlined above. I do, however, strike out Zurich’s pleaded reliance upon the first limb of the contract works exclusion, and give summary judgment against it on that issue.

I invite the parties to seek to agree a substantive order to give effect to this judgment. This should include provision as to the costs of and incidental to this application. Entirely subject to submissions, my present, and provisional, view is that these should be borne, at least in large part, by Zurich. Although the claimants have only partly succeeded on their application, and then only to the extent of securing the striking out of a minor limb of the contract works exclusion defence, Zurich’s ability to maintain its other challenged defences is conditional upon the provision of particulars that it has never previously offered up to the claimants, but has maintained it was under no obligation to provide. When I look to identify the unsuccessful party on this application, I consider this to be Zurich.

If the parties cannot agree upon a suitable form of order, they should provide a draft composite order, containing their alternative provisions, together with brief written submissions on the outstanding consequential matters. This should be no longer than is strictly necessary, and, in any event, no longer than five pages in length, employing a font size of no less than 12 points, and without foot-notes and annexures. Unless I direct otherwise, I will proceed to determine the outstanding matters on paper.

I propose formally to hand down this judgment remotely at 10.00 am on Wednesday 18 June 2025. No attendance is required. I will extend the time for appealing to 28 days after formal hand down (i.e. to 4.00 pm on 16 July 2025). I direct that written submissions in support of any application for permission to appeal, with concise draft grounds of appeal, are to be filed and served within 7 days after hand down (i.e. by 4.00 pm on 25 June 2025). Unless I direct otherwise, I will determine any such application on paper.

I conclude by reiterating my thanks to both counsel (and their respective solicitors) for their considerable assistance in facilitating the disposal of this application.

That concludes this reserved judgment.