Tioxide Europe Ltd v CGU International Plc and others: CA 20 Jul 2005

The court considered how an insurance contract should be construed. Langley J said: ‘The general principle is that the proper construction is to be determined by the ordinary and natural meaning of the words used in the contractual and commercial setting in which the words appear. The niceties of language may have to give way to a commercial construction which is more likely to give effect to the intention of the parties.’


Langley J


[2005] EWCA Civ 928, [2005] Lloyd’s Rep IR 114




England and Wales


Appeal fromTioxide Europe Limited v CGU International Insurance Plc and others QBD 23-Sep-2004
Claim under two excess global liability policies for indemnity against its liability for the ‘pinking’ of UPVC products manufactured and sold by others which included in their formulation a titanium dioxide pigment supplied by Tioxide. Excess layer . .

Cited by:

CitedTesco Stores Ltd. v Constable and others Comc 14-Sep-2007
The defendants provided insurance for the claimant to construct a train tunnel over which the claimant would build a supermarket. The tunnel collapsed, and the railway operator claimed for loss of revenues. The insurers denied responsibility saying . .
CitedBedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Lists of cited by and citing cases may be incomplete.


Updated: 01 July 2022; Ref: scu.228964