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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Gardner v Lemma Europe Insurance Company Ltd [2016] EWCA Civ 484 (24 May 2016) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2016/484.html Cite as: [2016] EWCA Civ 484 |
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
COMPANIES COURT
IN THE MATTER OF LEMMA
EUROPE INSURANCE COMPANY LIMITED (IN LIQUIDATION)
AND IN THE MATTER OF THE CROSS BORDER INSOLVENCY REGULATIONS 2006
AND IN THE MATTER OF THE INSOLVENCY ACT 1986
HH Judge David Cooke QC
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE KITCHIN
and
LORD JUSTICE FLOYD
____________________
RODNEY MARK ![]() | Appellant |
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- and - |
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Respondent |
____________________
Gardner
Limited) for the Appellant
Ms Charlotte Cooke (instructed by Go-Law Solicitors) for the Respondent
Hearing date : 17 May 2016
____________________
Crown Copyright ©
Lord Justice Patten :
"1.1 Civil Liability
The Insurer will indemnify the Insured against civil liability to the extent that it arises from Private Legal Practice in connection with the Firm's Practice provided that a Claim in respect of such liability is first made against the Insured:
(a) during the Period of Insurance; or
(b) after the Period of Insurance and arising from Circumstances first notified to the Insurer during the Period of Insurance.
1.2 Defence Costs
The Insurer will also indemnify the Insured against Defence Costs subject to clause 2.3 in relation to:
(a) any Claim referred to in clause 1.1, 1.4 or 1.6; or
(b) Any Circumstances first reported to the Insurer during the Period of Insurance; or
(c) Any investigation, inquiry or disciplinary proceedings during or after the Period of Insurance arising from any claim referred to in clause 1.1, 1.4 or 1.6 or from Circumstances first notified to the Insurer during the Period of Insurance."
"… a demand for or an assertion of a right to civil compensation or civil damages or an intimation of an intention to seek such compensation or damages."
Lord Justice Kitchin :
Lord Justice Floyd :