Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors
Instructed by Kennedys, James Medd has acted as junior Counsel for AXA for over 4 years in the long running insurance policy dispute between AXA and the high class retailer Ted Baker. The dispute arose from multiple thefts of stock by one of Ted Baker’s warehouse staff over the course of several years. In 2012 Eder J. held in a preliminary issue that the AXA policy, construed objectively, provided business interruption fidelity cover. Disclosure given subsequently by Ted Baker strongly suggested the parties never subjectively intended this cover to be provided but AXA was refused permission to appeal. However, Ted Baker’s claim has now been dismissed following the conclusion of the second part of the action. Eder J. held that Ted Baker were in breach of a claims co-operation condition in failing to provide information reasonably requested by AXA’s loss adjusters and that Ted Baker had not proved that they had suffered any loss of profits which exceeded the applicable excesses.