Euro Pools Plc ((in Administration)) v Royal and Sun Alliance Insurance Plc

JurisdictionEngland & Wales
JudgeMrs Justice Moulder
Judgment Date19 January 2018
Neutral Citation[2018] EWHC 46 (Comm)
CourtQueen's Bench Division (Commercial Court)
Docket NumberCase No: CL-2016-000064
Date19 January 2018

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4 cases
  • The Cultural Foundation (doing business as American School of Dubai) v Beazley Furlonge Ltd (as managing agent for Syndicate AFB 2623/623 at Lloyd's)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 8 May 2018
    ...would arise from the notified circumstances.” (§ 99) iv) These observations were followed by Moulder J in Euro Pools Plc (in Administration) v Royal and Sun Alliance Insurance Plc [2018] EWHC 46 (Comm), stating at §§ 67 and 98 that only matters of which the insured is aware can form the bas......
  • Euro Pools Plc ((in Administration)) v Royal & Sun Alliance Insurance Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 May 2019
    ...ON APPEAL FROM BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES QUEEN'S BENCH DIVISION COMMERCIAL COURT MRS JUSTICE MOULDER [2018] EWHC 46 (Comm) Royal Courts of Justice Strand, London, WC2A 2LL Ben Elkington QC and Josh Folkard (instructed by Edwin Coe LLP) for the Claimant/Respondent Jon......
  • SAS Institute Inc. v World Programming Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 25 September 2019
    ...Act cannot be said to be akin to the policy issues which underpin the PTIA. 31 I was also referred to Euro Pools plc (in administration) v Royal and Sun Alliance Insurance plc [2018] EWHC 46 (Comm) where Moulder J at [154] held that it would be inequitable for a claimant to make an appropri......
  • Peabody Trust v National House-Building Council
    • United Kingdom
    • King's Bench Division (Technology and Construction Court)
    • 6 August 2024
    ...costs to complete the units, the costs identified would be mitigation costs. In Euro Pools Plc v Royal and Sun Alliance Insurance Plc [2018] EWHC 46, such costs were treated as giving rise to a separate cause of action and were treated as time-barred notwithstanding the fact that the princi......
1 firm's commentaries
  • Euro Pools v RSA: Applying Kajima Restrictively
    • United Kingdom
    • Mondaq UK
    • 21 February 2018
    ...was one of the issues to be decided in the recent case of Euro Pools Plc (In Administration) v Royal & Sun Alliance Insurance Plc [2018] EWHC 46 (Comm) (we touch on the other issues to be decided The insured claimant was a company which specialised in the installation and fitting of swi......
2 books & journal articles
  • Table of cases
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...v Clydeside Steel Fabrications Ltd 2003 SLT 411 II.13.16, II.13.115 Euro pools plc (in admin) v royal & Sun alliance Insurance plc [2018] EWhC 46 (Comm) II.6.295 Euro pools plc (in admin) v royal & Sun alliance Insurance plc [2019] EWCa Civ 808 III.17.47 “Eurus”, he [1998] 1 Lloyd’s 351 (Ca......
  • Price and payment
    • United Kingdom
    • Construction Law. Volume II - Third Edition
    • 13 April 2020
    ...be made against earlier items of debt that have become statute barred: Euro Pools plc (in admin) v Royal & Sun Alliance Insurance PLC [2018] EWhC 46 (Comm) at [148]–[154], per Moulder J (appeal allowed, on unrelated grounds: [2019] EWCa Civ 808). 1128 See Edwards v Sydney Building Group Pty......