Today, the Court of Appeal handed down judgment in Lonham Group Limited v Scotbeef Limited & DS Storage Limited (in liquidation) [2025] EWCA Civ 203 in which Christopher Boardman KC and Andrew Brown appeared on behalf of the First Respondent. The appeal was concerned with the construction of a contract of insurance and the potential application of the Insurance Act 2015 and its remedies for breaches of the duty of fair presentation. The Court held that the specific sub-clause in question did not concern a representation falling within the ambit of the Insurance Act 2015, and as such the breach by D&S of its warranty constituted grounds to avoid liability under the insurance policy. In doing so, it overturned the decision of the High Court in February 2024 (in which Andrew also appeared), and provided the first Court of Appeal judgment concerning representations and warranties within the ambit of the Insurance Act 2015. Christopher and Andrew were instructed by Lawrence Weeks and Chloe Bird of Birketts.
