MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND OTHERS V THE MAYOR'S OFFICE FOR POLICING AND CRIME

[2014] EWCA Civ 682, Court of Appeal, Lord Dyson MR, Lord Justice Moore-Bick and Lord Justice Lewison, 20 May 2014

Insurance (property) - Riot - Definition of riot - Persons riotously and tumultuously assembled together - Whether consequential losses including loss of profit and loss of rent recoverable under Riot (Damages) Act 1886 - Public Order Act 1986, section 1

This case concerned the destruction by fire caused by petrol bombs and the looting of a Sony distribution warehouse by some 25 youths over three minutes on the night of 8 August 2011. The fire took hold and burned for some 10 days, with the total destruction of the plant, equipment and stock. The claimants were various insurers of the warehouse for property, customer stock and business interruption, property damage and loss of rent; further claimants were owners of uninsured stock held in the warehouse. The defendant was the statutory body responsible for the oversight of the Metropolitan Police, under the Riot (Damages) Act 1886. Total claims were in excess of £60 million. This was the trial of preliminary issues.