Dermot Woolgar

Insurance & Reinsurance

All aspects of non-marine insurance, including disputes concerning the construction of policy conditions, materiality of non-disclosure, extent of insurable interests, fraudulent claims, subrogated claims and general coverage disputes.

Selected Cases

• Acting for property developer of part-commercial, part-residential, building destroyed by fire, seeking specific performance of the architect’s obligation to execute collateral warranties in favour of the building’s residential lessees. The terms of the warranties included restrictions on the architect’s liability to the beneficiaries and the architect’s PI policy excluded liability for most claims arising out of a collateral warranty. The spread of the fire was alleged to have been greater than it would have been but for design errors on the part of the architect. The court was required to determine the architect’s PI insurers’ contentions that the architect would be entitled to rely on the contributory negligence of the contractor as a partial defence to any claim under the warranties (Oakapple Homes (Glossop) Ltd v DTR (2009) Ltd (In Liquidation) & Ors [2013] EWHC 2394 (TCC))

News

• MBL Construction Law Conference 2019 – London
• “Practical completion” considered by Court of Appeal for first time in 50 years

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Qualifications

• LLB (Hons) (Manchester University)
• Diploma in International Commercial Arbitration (Chartered Institute of Arbitrators)

Memberships

• London Court of International Arbitration
• Chartered Institute of Arbitrators
• London Common Law and Commercial Bar Association (Committee Member)
• Professional Negligence Bar Association
• Technology and Construction Bar Association
• Commercial Bar Association
• Administrative Law Bar Association

Publications

Co-author of chapter on Construction Insolvency in Emden’s Construction Law

“Regulation or Red Tape: the UK equity release market”: co-author (with Rob Sheldon and Liam Corrigan of DWF LLP) of chapter in Making the Most of Equity Release: Perspectives from Key Players, published by The Smith Institute, March 2012

“Still an Empty Concept?”: co-author (with Keith Shaw of Pinsent Masons LLP) discussing the implications of NYK Logistics Ltd v Ibrend Estates BV [2011] EWCA Civ 683 on the meaning of “vacant possession”, published in the Estates Gazette, 23 July 2011

“The Seduction of Iconoclasm”: discussion of the exemptions for religious organisations in the Equality Act (Sexual Orientation) Regulations, published in Law and Justice 2007, 158, 64

“Citibank NA v MBIA Assurance SA & Ors [2007] EWCA Civ 11”: co-author (with Justin Davis of Crown Office Chambers): Case Commentary published in International Corporate Rescue: Vol 4 (2007) Issue 5