PEEL PORT SHAREHOLDER FINANCE CO LTD V DORNOCH LTD

[2017] EWHC 876 (TCC), Queen's Bench Division, Technology and Construction Court, Mrs Justice Jefford, 26 April 2017

Procedure - Pre-action disclosure - Civil Procedure Rules, r 31.16 - Third Parties (Rights Against Insurers) Act 2010

PPSF's warehouse had suffered damage by fire. PPSF claimed against Dornoch, which was the liability insurer of the contractor that had allegedly caused the fire. The liability policy contained a "hot working" endorsement, based upon which Dornoch denied liability. The policy, aside from the endorsement, had not been disclosed. PPSF applied for its disclosure to allow the construction of the endorsement in the context of the policy as a whole. The Third Parties (Rights Against Insurers) Act 2010 did not apply as the insured was not insolvent. It was asserted by the applicant that the insured had declined to set out any defence and appeared unlikely to be able to meet any judgment, with liquidation a possible consequence.