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ON APPEAL FROM THE HIGH COURT OF JUSTICE
BUSINESS AND PROPRTY COURTS OF ENGLAND AND WALES
TECHNOLOGY AND CONSTRUCTION COURT (KBD)
Andrew Mitchell KC
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
LORD JUSTICE LEWISON
LORD JUSTICE MOYLAN
and
LORD JUSTICE COULSON
Between:
National House Building Council | Appellant |
- and - | |
Peabody Trust | Respondent |
Thomas Grant KC and Harry Smith (instructed by BP Collins LLP) for the Appellant
N.G.Casey KC and Mek Mesfin (instructed by Devonshires Solicitors LLP) for the Respondent
Hearing Date: 26 June 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 21 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- LORD JUSTICE COULSON
- The Insurance Policy
- 3.The Background Facts
- The NHBC’s Application
- The Judgment
- The Law
- The Issues on Appeal
- The Judge’s Case Management Decision (Ground 4)
- The Proper Construction of Option 1 (Ground 1) The Words Used
- Fraud
- Commerciality
- The Colloquial Response
- Summary on Ground 1
- The Limitation Argument (Ground 2)
- The Alternative Case (Ground 3)
- Site Security Costs (Ground 5)
- Conclusions
![CA-2024-002563 - [2025] EWCA Civ 932](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)