Lonham Group Ltd (defendant/appellant) v Scotbeef Ltd (claimant/respondent) & anr

Thursday 12 December 2024

By Appellant’s Notice filed on 2 April 2024, the 2nd Defendant below (D2) appeals against the order made by HHJ Kelly dated 19 March 2024.

The judge held, following the trial of a preliminary issue, that D2 as liability underwriters was liable to indemnify its assured (D1) in relation to the loss claimed by C against D1 under a marine liability policy.

The judge also found that this right of indemnity could be enforced by C against D2 under the Third Parties (Rights against Insurers) Act 2010.

The background is that D2 insured D1’s meat storage business. C claims damages following damage to meat stored with D1 (now in liquidation). The parties disagreed about the construction of the insurance contract and how the Insurance Act 2015 applied to it.

View hearing:

Part 1

Part 2