Insurance Blog Post: The limits of contractual discretion: UK Acorn Finance Limited v Markel (UK) Limited [2020] EWHC 922 (Comm)

In UK Acorn Finance Limited v Markel (UK) Limited, HHJ Pelling QC applied the Supreme Court’s decision in Braganza v BP Shipping Limited [2015] UKSC 17 in the context of an insurance dispute. The Judge found that an insurer had acted irrationally in concluding that misrepresentations made by the insured in risk profile documents were fraudulent. In particular, when exercising its contractual decision-making power, the insurer had failed to give due weight to the maxim that it was inherently more probable that any misrepresentation had been made negligently rather than dishonestly.

HHJ Pelling QC’s decision is considered by Melody Ihuoma of 4 New Square.

Click here to read the blog post in full

Related areas

Related People

Melody Hadfield

Call: 2018



Popular resources

Stay of proceedings before serving a claim form

What should claimants do when limitation is about to expire? Noting…

Discover more

Four Fundamentals of Limitation Periods in Contract and Tort Claims

By Carl Troman, Barrister and Mediator at 4 New Square Four key points…

Discover more

Unfair Prejudice Petitions: what makes prejudice “unfair”?

Unfairness is an essential ingredient in minority shareholder petitions. Prejudice alone is not enough….

Discover more

If you would like to know more or have a question please talk to our clerks

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)