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British Equitable v Baily

[1905] UKHL 578

Case summary last updated at 21/01/2020 16:39 by the Oxbridge Notes in-house law team.

Judgement for the case British Equitable v Baily

C took out insurance policy with D, a company. Articles were later changed, and C sued for declaration that this did not affect his rights under policy. Held:
 
·        As matter of construction, C’s rights were subject to D’s articles.
·        Therefore his rights under contract were based upon company’s articles subject to changes from time to time.
 

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