CA-2024-002563 - [2025] EWCA Civ 932

The Colloquial Response

Mr Grant and Mr Smith made much in their skeleton argument of Bingham LJ’s ‘colloquial response’ test in Kelly (see paragraph 30 above). Here, for the reasons that I have set out, I am clear that, if asked what they had insured against, Peabody would have said: “We insured against the risk that we might have to pay more to a new contractor if Vantage went bust or were found to be on the fiddle.”