Utmost good faith: non-disclosure and misrepresentation in property insurance

In Bate v Aviva Insurance UK Ltd [2013] EWHC 1687 (Comm) HHJ Mackie QC considered a number of defences raised by property insurers to a fire claim by the assured. The decision makes the general point that work being carried out on neighbouring premises, and business activities being carried on in neighbouring premises, are generally immaterial facts.

However, in the present case the neighbouring premises also belonged to the assured and were in effect part of the same site. The decision of HHJ Mackie QC was upheld by the Court of Appeal, [2014] EWCA Civ 334, although the appeal was limited to two specific issues .