Insurance Law Monthly

Lonham Group Ltd v Scotbeef Ltd and Another [2025] EWCA Civ 203 was an appeal from the decision of HHJ Kelly in Scotbeef Ltd v D&S Storage Ltd [2024] Lloyd's Rep IR 303, the first significant substantive discussion of the Insurance Act 2015 in respect of its application to warranties and policy terms.

In earlier proceedings Tyson International Co Ltd v GIC Re, India, Corporate Member Ltd [2024] EWHC 236 (Comm); [2024] Lloyd's Rep IR 609 Christopher Hancock KC reached the conclusion that the arrangements between the parties had resulted in agreement whereby exclusive jurisdiction was conferred upon the English courts and that an anti-suit injunction preventing the continuation of proceedings in New York should be continued.

The decision of HHJ Paul Matthews in Wood and Another v Desai and Another [2024] EWHC 1893 (Ch); [2025] Lloyd's Rep IR 203 identifies a potentially serious weakness in the Third Parties (Rights Against Insurers) Act 2010, namely that there is no protection for the victim of an assured who has been paid the insurance monies before becoming insolvent.