Dr Digby C Jess

Call 1978

jess@exchangechambers.co.uk

Photo of Dr Digby C Jess

Commercial

Digby has over 30 years’ experience in litigation in a wide range of commercial matters:

  • Insurance law (advising both insureds and insurers on policy coverage disputes on all types of insurances, as well as recovery of insurers’ outlays from third parties)
  • Building/construction law (from domestic disputes to multi-million pound commercial and industrial projects)
  • Professional negligence (accountants, architects, engineers, insurance brokers, solicitors, surveyors and valuers)
  • General commercial law (all types of contract disputes, sale of goods and services, product liability, and associated common law claims in negligence and nuisance).

He has written several successful textbooks on professional negligence and its insurance, and commercial insurance law (see below), the first published by Butterworths in 1982 and the latest published by Sweet & Maxwell in 2011.

Cases

EL Trigger Litigation

[2012] UKSC 14 – whether EL policies covered mesothelioma developing in employees many years after exposure to asbestos in the years of coverage.

Rolls Royce Motor Cars v Tyco Fire & Integrated Systems

[2007] BLR 419, [2008] BLR 285 CA – extent of coverage of joint names contractors’ insurance.

Patrick v Royal London Insurance

[2007] Lloyd’s Rep IR 85, CA – interpretation of household policy’s exclusion of wilful acts.

Bolton MBC v MMI & CU Insurance

[2006] 1 WLR 1492, CA – interpretation of PL policy’s coverage of mesothelioma claims – criteria for waiver by election by insurer.

Doheny & Doheny v New India Assurance

[2005] Lloyd’s Rep IR 251, CA – extent of disclosure required by company director when proposing for insurance for his company.

George Hunt Cranes Ltd v Scottish Boiler & General Insurance

[2002] Lloyd’s Rep IR 178, CA – interpretation of policy terms – condition precedent or mere condition – effect of breach.

Adcock v CIS

[2000] Lloyd’s Rep IR 657, CA – when appropriate to award interest on insurance claims and at what rate.