ABSTRACT
In the High Court, in The Matter of the Arbitration Act 1954, and of an Arbitration between Gaelcrann Teoranta and Michael Payne and Others [1985] ILRM 109, Gannon J held that in relation to non-compliance with a claims notification clause, which was a condition precedent to liability, insurers were entitled to rely on breach of the condition without the obligation of proof of prejudice. In Capamel Ltd trading as Oakline Kitchens v Roger Lister [1989] IR 319, Costello J applied Gannon J’s judgment, with approval, and that decision was subsequently affirmed by the Supreme Court. In relying on a breach of a claims notification condition, which is a condition precedent to liability, insurers do not have to show that their position has been prejudiced by the alleged breach.
