John Greenbourne

Insurance & Reinsurance

Ranked as ‘Leading Junior’ in Legal 500 (since before 2009)

Extensive experience in cases involving policy disputes and non-disclosure in personal and commercial policies, particularly professional indemnity, motor, fire, holiday and personal accident policies and film finance insurance. Well equipped to deal with COVID-19 related issues given his general knowledge of insurance law and principles of policy interpretation and their application in cases (e.g. business interruption claim by a flooded hotel).

Selected Cases

• HLB Kidsons v Lloyds Underwriters [2009] Lloyd’s Rep IR 178, [2009] 1 Lloyd’s Rep 8 (CA) – Concerning timing of notification of claims under accountants’ professional indemnity policy and whether condition precedent.
• Bankers Insurance Co v South [2004] I Lloyd’s Rep IR 1 – Concerning issues of whether holiday policy covered liability for jet ski accident, whether notification term a condition precedent, effect of Unfair Terms in Consumer Contracts Regulations 1994 – whether breach of condition precedent entitled insurers to avoid in absence of prejudice.
• Bankers Insurance Co Ltd v South and Gardner [2004] Lloyd’s Rep IR 1 – Whether a jet ski fell within the definition of a waterborne craft and the consequences of failure to notify insurers of the incident.
• Kincardine Fisheries v Sunderland Marine Mutual Insurance (CA) The Times 12.2.97, [1998] CLY 3363 – Construction of fish farm insurance policy – claim against brokers and insurers.
• Theodore Goddard v Fletcher King [1997] 2 EGLR 131 – Liabilities of solicitor and surveyor for drafting of defective lease.

Civil/Insurance Fraud

• Acted for defendant in multi-million pound claim by claimant who had suffered a serious ankle injury. Claimant alleged continuing symptoms resulted in such serious pain and disability that he required a wheelchair or at least two crutches on the rare occasions he was able to leave home and that he needed to have a below-knee amputation. Advised on tactics and extensive surveillance gathering and editing. Surveillance films showed claimant doing things which demonstrated that his claim was being grossly exaggerated (including walking normally and unaided at a motorway service station on the way back home from consultation with amputation specialist, where on arrival and departure he had made a show of dramatic grimacing and hobbling on his crutches to demonstrate his great pain and difficulty with mobility). Claimant asserted that the evidence did not show anything to his detriment but capitulated before the next interlocutory hearing.
• Acted for defendant in claim against amphibious vehicle tour operator by passenger falsely alleging injury when vehicle bumped into river embankment wall. Material on claimant’s social media revealed activities which were incompatible with the alleged injuries. Advised as to how to proceed and drafted a Defence pleading fraud. Claimant promptly discontinued. Insurers were inclined to let the claimant go without paying their costs but accepted advice that this was not the normal rule and they should insist on their costs being paid, which they did.

Selected Cases

Articles

• John Greenbourne considers the Supreme Court’s Judgment in X v Kuoni Travel Ltd [2019] UKSC 37
• The Supreme Court provides clarity on causation in professional negligence claims

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News

• Perry v Raleys Solicitors: the Supreme Court reviews Allied Maples
• John Greenbourne represents successful Claimant in the Court of Appeal in VWF Professional Negligence case

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Qualifications

• Holt Scholar, Gray’s Inn
• MA (Cantab)

Memberships

• London Common Law & Commercial Bar Association
• Personal Injury Bar Association
• Professional Negligence Bar Association