Brabners secures favourable policy construction judgment for Acasta

Our high-profile and award-winning litigation team has secured a clear and authoritative High Court judgment in favour of Acasta European Insurance Company Limited in a claim about how the structural defects insurance policy for a residential apartment block in London should be interpreted. 

The judgment, handed down by Philip Marshall KC on 16 January 2026, provides important clarification on the contractual construction of multi‑property insurance arrangements.

Here, James Roby and Simon Morris provide an overview of the case and what it means for the interpretation of insurance policies going forward.

Background to the proceedings

The proceedings were brought under Part 8 of the Civil Procedure Rules to determine the extent of Acasta’s liability under the policy covering an apartment block and the seven flats within it. The insured Defendants argued that each flat benefitted from its own £1m limit of indemnity while Acasta maintained that the policy wording created a single, index‑linked aggregate limit of £1.5m for the entire structure.

The Court’s decision

The Court handed down judgment in Acasta’s favour, concluding that the clause “The limit for all claims for all Residential Property’s in one continuous structure is £1,500,000” gave rise to a single, block‑wide limit of indemnity.

The Court’s agreement with Acasta’s interpretation confirms the importance of consistency and clarity in drafting multi‑interest property insurance policies, particularly where multiple insured parties may hold differing views as to the intended extent of cover. 

Wider implications

The judgment serves as a reminder to insurers, brokers and property owners that the form and construction of insurance documents can be determinative in disputes of this nature. It also illustrates the value of obtaining early, specialist advice where significant indemnity limits or multi‑party arrangements are involved. For all parties concerned, the judgment provides much needed certainty and a firm foundation for resolving the remaining issues concerning remediation of defects at the apartment block.

Our role

Our involvement in securing this outcome reflects our continued position at the forefront of technically complex insurance and commercial litigation. The decision adds to a series of high‑profile instructions in which we’ve delivered clarity to complex issues of contractual interpretation and achieved outcomes with substantial practical and financial impact for our clients.

Barry Goodall, James Roby and Simon Morris acted on behalf of Acasta with Clare Dixon KC and Nick Broomfield of 4 New Square appearing as counsel.

Talk to us

Our litigation team — one of the largest in the North of England — brings deep expertise in resolving high‑value, technically complex property and insurance disputes. With over 50 specialist litigators, we’re trusted to advise on a wide range of contentious matters and the many issues that arise from ownership, occupation and multi‑party interests.

Talk to our team by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.