Commercial Union Assurance Co Ltd v Hayden The plaintiffs, Commercial Union Assurance Co Ltd (‘Commercial Union’) appealed against a judgment of
Donaldson J, given in the Commercial Court on 28 July 1975, dismissing their action against the
defendant, Mr Nicholas Charles Hayden who was sued on behalf of himself and as representing all the
underwriters subscribing to a public liability insurance policy issued by Lloyd’s. Both parties had insured
against the same risk.