![CA-2024-002563 - [2025] EWCA Civ 932](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Summary on Ground 1
Summary on Ground 1
For all those reasons, therefore, it seems to me that the proper construction of Option 1 is that the cause of action accrued if Peabody “have to pay more” as a consequence of the insolvency of Vantage. The insolvency point is not the natural meaning of the words used and is not a commercial outcome. I would therefore reject Ground 1 of the appeal. That then brings me to Ground 2.
- Heading
- 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