LM-2024-000066 - [2025] EWHC 1551 (Comm)

BUSINESS AND PROPERTY COURTS

OF ENGLAND AND WALES

CIRCUIT COMMERCIAL COURT (KBD)

Royal Courts of Justice,

Rolls Building

Fetter Lane,

London, EC4A 1NL

Before :

HIS HONOUR JUDGE HODGE KC

Sitting as a Judge of the High Court

Between :

Mr Mek Mesfin (instructed by Devonshires Solicitors LLP, London) for the Claimants

Mr Daniel Crowley (instructed by Clyde & Co LLP, Salford) for the Defendant

Written representations received: 18 June 2025

Date judgment handed down: Tuesday 24 June 2025

Approved Judgment

This judgment was handed down remotely at 10.00 am on Tuesday, 24 June 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

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HIS HONOUR JUDGE HODGE KC

CONTRACT – Home insurance – Claim for indemnity under policy –Defence of avoidance for qualifying fraudulent misrepresentation – Defence of reliance on contract works exclusion – Claimants’ application to strike out defences and for partial summary judgment against defendant – Reserved judgment [2025] EWHC 1416 (Comm) handed down on 18 June dismissing application (save for one limb of the contract works exclusion defence) but only on condition that the defendant provides further particulars – Further judgment on terms of court’s order and incidence and quantum of costs

The following cases are referred to in the judgment:

Burnden Holdings (UK) Ltd v Fielding [2017] EWHC 2118 (Ch)

Three Rivers DC v Bank of England [2006] EWHC 816 (Comm), [2006] 5 Costs LR 714