A C Ward & Son Ltd v Catlin (Five) Ltd and Others

JurisdictionEngland & Wales
JudgeLord Justice Etherton,Lord Justice Wilson,Lord Justice Sullivan
Judgment Date10 September 2009
Neutral Citation[2009] EWCA Civ 1098
Docket NumberCase No: A3/2009/0102
CourtCourt of Appeal (Civil Division)
Date10 September 2009
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192 cases
  • IG Index Ltd v Aryeh Ehrentreu
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 February 2013
    ...to summary judgment 13 The principles to be applied in deciding whether or not to give summary judgment are well-known: see AC Ward & Son v Catlin (Five) Ltd [2009] EWCA Civ 1098, [2010] Lloyd's Rep IR 301. For present purposes it is only necessary to mention two: i) Although a case may tu......
  • TKC London Ltd v Allianz Insurance Plc
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 15 October 2020
    ...exploration of the issues at trial. 96 In support of this submission, Mr Marland relied upon the observations of Etherton LJ in AC Ward & Son v Catlin (Five) Ltd 54. That case, like the present, involved an application by an insurer for summary judgment against a claiming policyholder. At f......
  • Media Entertainment NV v Sapar Karyagdyyev
    • United Kingdom
    • Queen's Bench Division
    • 6 May 2020
    ... [2009] EWHC 339 (Ch) at [15], approved subsequently (among others) by Etherton LJ in A C Ward & Son v. Caitlin (Five) limited [2009] EWCA Civ 1098 at [24]. For the purposes of the present application it is sufficient to enumerate 10 points. (1) The Court must consider whether the defendan......
  • Sayed Zulfikar Abbas Bukhari v Syed Tauqeer Bukhari
    • United Kingdom
    • King's Bench Division
    • 1 March 2023
    ...by Lewison J in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) at [15] (and approved by the Court of Appeal in AC Ward & Sons Ltd v Catlin (Five) Ltd [2009] EWCA Civ 1098; [2010] Lloyd's Rep IR 301 at [24]): “i) The court must consider whether the claimant has a ‘realistic’ as oppos......
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  • Business Insurance Cover During The COVID-19 Pandemic
    • United Kingdom
    • Mondaq UK
    • 4 May 2020
    ...premises - for example, to lock all windows and doors, to set security alarms and so on. Following AC Ward & Son v Catlin (Five) Ltd [2009] EWCA Civ 1098 there is an argument that where businesses are to be locked down in a hurry as a result of Government orders, Courts may be sympathetic t......

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