“…The Court of Appeal considered the implications of Sephton in Axa Insurance Ltd v Akther & Darby [2009] EWCA Civ 1166, [2010] 1 WLR 1662 (“Axa”). Longmore LJ observed in paragraph 70 that “a contingent liability does not ‘of itself’ constitute ‘damage’”, “[t]here must be something more”. In a si…”
“… said that the judge had failed to deal with his reliance on a passage of the judgment of Arden LJ (as she then was) in Axa Insurance Limited v Akhtar & others [2010] 1 WLR 1662, 1685 at [63], to which I will return below.…”