Thursday, June 15th, 2017

Higherdelta v Covea Insurance Plc [2017] CSOH 84

Lord Bannatyne ruled in favour of pursuers in Higherdelta v Covea Insurance, a Commercial Court action in which Andrew Smith QC (assisted by Paul O’Brien of Axiom) represented the successful pursuers. The defenders had argued that the claims record of the sole director of the company ought to have been disclosed, even though that claims record was of his personal property and not that of the pursuer company. Lord Bannatyne ruled (based on expert evidence) that the personal claims record did not present a “moral hazard” and did not require to be disclosed. The case is a further example of how careful presentation of expert evidence can influence the outcome of a case. A proof is likely now to be fixed on quantum of damages. 

A copy of the Court Opinion can be found here.

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