Genesis Housing v Liberty — the appeal

Do your clients understand what they are signing when they make a declaration on a proposal form? Proposal forms often contain basis-of-contract clauses, and accuracy in completing the proposal is as important as it has ever been. This article explains why.

In February 2013, Mills & Reeve reported on the first-instance decision in Genesis Housing v Liberty. Liberty was discharged  from liability under a policy providing cover against building contractors’ insolvency because the claimant insured  (Genesis), the employer, made an error on the proposal form. It stated that the contractor was ‘Time and Tide Construction Ltd’ instead of ‘Time and Tide (Bedford) Ltd’. The proposal form contained a basis clause and so the warranty that the information in the proposal form was ‘correct and complete in every detail and [the claimant had] not withheld any material fact’ had been breached.   

Genesis appealed to the Court of Appeal, which handed down its decision last Friday, upholding the earlier decision…

If you are registered and logged in to the site, click on the link below to read the rest of the Mills & Reeve briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

  • head1

    LPOver and out?

    The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why


Fountain House
130 Fenchurch Street

Turnover (£m): 79.50
No. of lawyers: 367