Loss of software

The Court of Appeal has, in Tektrol Ltd v International Insurance Co of Hanover Ltd [2005] EWCA Civ 845, forthcoming in [2006] Lloyd’s Rep IR, reversed the decision of Langley J in which the learned judge denied recovery under an all risks policy for loss of source code. The arguments presented to the Court of Appeal were slightly different to those put to the trial judge, with an increased focus on the contextual construction of the relevant exclusions.