Mutual Energy Ltd v Starr Underwriting Agents Ltd and another company

Disclosure and inspection of documents – Default. The Technology and Construction Court interpreted a preliminary issue in favour of the claimants, MEL. The phrase 'deliberate or fraudulent non-disclosure' had to involve dishonesty. MEL's decision not to disclose something that had been the result of an honest, but mistaken, belief that the fact or document did not need to be disclosed, was not enough to allow the insurers to avoid the policy.

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