This was
the obiter ruling of Judge Pelling QC, sitting as a High Court judge, in Baybut and 73 others v Eccle Riggs Country Park Ltd [2006] Lawtel 13 November, [2006] All ER (D) 161 (Nov)-- surely a candidate for one of the longest claim form titles of last year.
Not exact matches
In R & R Developments Ltd v AXA Insurance UK plc [2009] Lawtel 30 September Ch Mr Nicholas Strauss QC (sitting as a deputy High Court
judge)
ruled (
obiter) that the subjective understanding
of the question by the insured was neither crucial nor relevant although certain insurance law textbooks suggested to the contrary.
The court
ruled in favour
of the defendant on other grounds and therefore did not need to examine the validity
of the limitation clause, however the
judge did state,
obiter dicta, that if necessary he would have upheld the # 14K contractual liability cap as a fair and reasonable clause.