(1) Sky UK Ltd v Riverstone Managing Agency Ltd & ors (2) Mace Ltd (claimant 536 claim) v Riverstone Managing Agency Ltd & ors

Tuesday 15 – Friday 18 October 2024

(1) By an Appellant’s Notice, filed on 21 September 2023, the Defendants appeal the Order dated 24 August 2023 of HHJ Pelling KC sitting as a High Court Judge in the Commercial Court in which he gave declaratory relief, following trial, that the Defendants were liable to indemnify Sky in respect of certain property damage.

By an Appellant’s Notice, filed on 22 September 2023, Sky appeal the same order in respect of the Judge’s judgment that liability was limited to the Period of Insurance.

(2) By an Appellant’s Notice, filed on 3 October 2023, Mace (Sky’s main contractor) appeal the same order in respect of the Judge’s judgment that Mace was only indemnified under the Policy damage prior to the date of Practical Completion.

Issue: Insurance. Whether, on its proper construction, water ingress during the period of insurance which caused property damage after the period of insurance itself constituted “damage”. Effect of retained liability (excess) provisions. Proper measure of indemnity.

View hearing:

Day 1

Part 1

Part 2

Day2

Part 1

Part 2

Day 3

Part 1

Part 2

Day 4

Part 1