Application to strike out Claimants’ statement of case – property dispute – whether Claimant had reasonable grounds for instituting the Claim as against the First Defendant.
Claimant alleging breach of contract by insurer refusing to honour claim for allegedly stolen vehicle ; Insurer purporting to avoid liability for misrepresentation and material non - disclosure and/ or breach of warranty in declaration on proposal form; whether materiality is relevant where the defence is breach of warranty in proposal form; application of the principle enunciated in Dawsons v Bonnin.