Materiality of unsubstantiated allegations in light of The North Star

Chris Nicoll

On 7 April the Court of Appeal dismissed an appeal by the insured shipowner against the decision of Colman J, upholding the insurer’s avoidance of the policy on the grounds, among other things, of material non-disclosure. The case at first instance was noted in Shipping & Trade Law (Volume 5: June (pp6–8)). It is North Star Shipping Ltd and others v Sphere Drake Insurance plc and others [2005] EWHC 665 (Comm); [2006] EWCA Civ 378.