Fair presentation of the risk: unintentional non-disclosure clauses

UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm), a decision of HHJ Pelling QC on non-disclosure, misrepresentation and breach of warranty, was decided under the law as it was before the implementation of the Insurance Act 2015. There are accordingly some elements of the decision that do not hold good. However, the most important aspect of the decision, the effect of an unintentional non-disclosure clause, remains highly significant.

UK Acorn : the facts