Changes

In this judgment, the Court of Appeal upheld the decision at first instance and - in the context of insurance claims - applied the full rigour of the fraudulent device devices doctrine as expressed (obiter) in the case of The “Aegeon”. It declined to introduce any element of proportionality in its application. The Court also held that the forfeiture of the claim as a consequence of the application of the doctrine was not contrary to Article 1 of the European Convention on Human Rights as enacted into English law.