- Judging forfeit by fraudulent presentation (Versloot Dredging v HDI Gerling)
- Original news
- What was the background to the case?
- What issues were before the Supreme Court?
- What is the ‘fraudulent devices’ rule in Agapitos v Agnew
- and how does it apply to this case?
- Did the court consider the rule to be contrary to ECHR, Protocol 1, art 1?
- What was the Supreme Court’s conclusion and does it clarify the law in this area? Are there any remaining grey areas?
- How wide are the effects of this decision?
- What should practitioners take away from the judgment?
Dispute Resolution analysis: Does a party that makes a false representation when claiming under an insurance policy automatically lose the right to recover? Ben Gardner, barrister at Quadrant Chambers, analyses the Supreme Court’s far-reaching decision in Versloot Dredging v HDI Gerling.
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