- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 29 Jun 2017
In the case of Ashfaq v International Insurance Compay of Hanover PLC , a property landlord found that out to his cost after neglecting to tell insurers that he was facing trial on an assault charge.
The man lodged a claim with insurers after a property that he let to students was gutted by fire. The proposal form for the insurance had specifically asked if he had any previous convictions or pending prosecutions, save in respect of motoring offences.
He answered that question in the negative although he was at the time awaiting trial on a common assault charge. He was subsequently convicted of that offence and received a £100 fine and a 24-month restraining order.
He launched proceedings against the insurers after they refused to indemnify him against his loss. His claim was, however, dismissed by a judge on the basis that it had no reasonable prospect of success. His non-disclosure of the pending prosecution was material and the insurers were entitled to refuse cover.
In dismissing his challenge to that decision, the Court of Appeal found that he had no viable argument that the relevant parts of the policy were unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999.
The policy was commercial in nature, in that he was letting the property to students as a business, and he could not be viewed as a ‘consumer’ within the meaning of the Regulations. The insurers thus had an unanswerable defence to his claim.
 Related articles on Designing Buildings Wiki
Featured articles and news
Gustavo Giovannoni’s role in integrating modern planning requirements into historic town centres.
Against Hackitt's recommendations, the government are to consult on combustible cladding ban.
People or density - can we create urban liveability at ever-increasing densities?
3D printing is the computer-controlled sequential layering of materials to create 3D shapes.
Hackitt review calls for a radical rethink of the whole system and how it works.
Life cycle assessment is used to total up the environmental impact of a product’s supply chain. But why building LCA?
The government warns building owners of a performance issue with Grenfell fire doors.
Ramboll discusses how digitisation is contributing to how they design, engineer and construct in new and different ways.
'Carillion could happen again, and soon' is the stark warning from the heavily critical final report into Carillion's collapse.
In the wake of British architect Will Alsop's death, read about one of his most distinctive buildings.