This week the case of Aspen Insurance UK Ltd & Others v Pectel Ltd [2008] EWHC 2804 (Comm) highlighted the contentious issue of notifications made to insurers. This comes on the back of the recent HLB Kidsons v Lloyds Underwriters & Others [2008] EWCA Civ 1206 decision (see Client Briefing dated 5 November 2008).

Whilst the Kidsons Court of Appeal decision came too late for the Aspen case, the Aspen case followed and cited the first instance Kidsons decision of Gloster J in a number of crucial areas, namely the question of who is the knowledge holder and whether the clauses in this policy amounted to a condition precedent and if so, with what effect.