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

The Issues on Appeal

Ground 1 of the appeal encapsulates NHBCs case that, on a proper construction of Option 1, Peabody’s cause of action under the policy of insurance accrued on the date of Vantage’s insolvency. Ground 2 is a complaint that, although Peabody failed to discharge the burden of demonstrating that their claim was in time, the claim was not struck out. Ground 3 is linked, because it suggests that the judge was wrong not to find that, in any event, the cause of action had accrued more than six years before the issue of the claim form. Ground 4 focusses on the judge’s case management, submitting that he erred in keeping to the two hour time limit (which he regarded as inadequate to determine all the issues which had now arisen), rather than adjourning the application, and so only decided the insolvency point. Ground 5 is concerned with the potentially separate issue about the site security costs.