BERKSHIRE ASSETS (WEST LONDON) LTD V AXA INSURANCE UK PLC

[2021] EWHC 2689 (Comm), Queen’s Bench Division, Commercial Court, Lionel Persey QC (sitting as a judge of the High Court), 8 October 2021

Insurance (contractors all risks and business interruption) – Duty of fair presentation – Non-disclosure of criminal charges – Whether charges were material circumstances – Inducement – Insurance Act 2015, section 7

MS, previously a senior employee of an international firm of accountants, became a director of a joint venture, Berkshire Assets (West London) Ltd (BAWL), incorporated to carry out a development consisting of converting an office block into residential apartments including a gym and a cinema. The premises were insured by AXA Insurance UK plc (AXA) under a Contractors All Risks and Business Interruption policy.