“…ple of construction that where contracts or other documents are linked, the law will try and construe them consistently with each other – see e.g. Durham v BAI [2012] 1 WLR 867, at [69] per Lord Mance.…”
“…ggered”, when the disease manifested itself many years later. These issues were resolved by the Supreme Court in Durham v BAI (Run Off) Limited [2012] UKSC 14; [2012] 1 WLR 867.…”
“…The impact of the Fairchild rule of causation on EL insurance was considered in Durham v BAI (Run off) Ltd [2012] UKSC, [2012] 1 WLR 867, generally referred to as the “Trigger” litigation. The Supreme Court held that conventional policy wordings (including MMI’s) which referred to injury or dise…”
“…In my view, the principles recognised and applied in Fairchild [2003] 1 AC 32 and ‘Trigger’ [2012] 1 WLR 867 do require a broad equitable approach to be taken to contribution, to meet the unique anomalies to which they give rise. … If a broad equitable approach is tak…”
“…tially the same result as that at which Lord Sumption JSC arrives, but by a different route, which in my opinion reflects the reasoning and result in ‘Trigger’ [2012] 1 WLR 867. The difference between the two routes may however be important in the context of an insured who is not solvent.”…”