III: Short conclusion
III: Short conclusion
I am satisfied that, with the exception of one minor aspect of the contract works exclusion defence, and subject to Zurich supplementing its pleadings, this is not an appropriate case for either the grant of summary judgment against Zurich on any part of its pleaded defence, or the striking out any part of its statements of case. Since my judgment will not be determinative of any of the substantive issues between the parties, and there are extremely full and detailed written skeleton arguments, I do not propose to reproduce the submissions of the parties in full. Nor do I need to rehearse the evidence in any great detail since this is all in the form of witness statements on which there has been no cross-examination of any of their makers. I will limit this written judgment to what is strictly necessary to explain the reasons for my decision. That is in accordance with that element of the overriding objective which takes account of the need to allot the court’s resources to other cases. But first I must set out the procedural landscape.
- Heading
- CONTRACT – Home insurance – Claim for indemnity under policy –Defence of avoidance for qualifying fraudulent misrepresentation – Defence of reliance on contract works exclusion – Claimants’ applicatio
- II: The litigation
- III: Short conclusion
- IV: The procedural landscape
- V: Zurich’s defence in summary
- VI: The claimants’ challenge to these defences
- VII: Zurich’s response
- VIII: Analysis and conclusions
- Conclusions
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