![CL-2023-000064 - [2025] EWHC 1870 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
Heading
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before:
Sean O'Sullivan KC
(sitting as a Deputy Judge of the High Court)
Between:
BATH RACECOURSE COMPANY LTD (and 21 other Claimantslisted in Appendix 1 to the Particulars of Claim) | Claimants |
- and - | |
(1) LIBERTY MUTUAL INSURANCE EUROPE SE (2) ALLIANZ INSURANCE PLC (3) AVIVA INSURANCE LTD | Defendants |
ADAM KRAMER KC and WILLIAM DAY (instructed by STEWARTS LAW LLP)
for the Claimants
DAVID SCOREY KC and DAVID WALSH KC (instructed by DAC BEACHCROFT LLP) for the Defendants
Hearing dates: 20 and 21 May 2025
Approved Judgment
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This judgment was handed down by the judge remotely by circulation to the parties’ representatives by email and release to The National Archives. The date and time for hand-down is deemed to be Tuesday 22 July 2025 at 10:30am.
- Heading
- Sean O'Sullivan KC (sitting as a Deputy Judge of the High Court)
- The background and the procedural history
- The present issues
- The Policy
- The Spreadsheet
- The correct approach to construing the Policy
- Issue 2: actions of a “ competent authority ”
- Agreed facts
- The Cs’ submissions
- The U/Ws’ submissions
- Relevant authorities
- Discussion
- Issues 8 and 8A: the “any one loss” limit
- The Cs’ submissions
- The U/Ws’ submissions
- Relevant authorities
- Discussion: stage 1 (the BI cover more generally)
- Discussion: stage 2 (loss = loss calculation)
- Discussion: stage 3 (per affected race)
- Discussion: stage 4 (per premises)
- Discussion: stage 5 (relevant measures or actions)
- Conclusions on issues 8 and 8A
- Issue 11: the arbitration clause
- The Cs’ submissions
- The U/Ws’ submissions
- Relevant authorities
- Discussion
- Conclusions