Brick Court Chambers

Court of Appeal hands down judgment in AXA France v Santander Cards UK

18/09/26

On the 15th September 2026, the Court of Appeal handed down its judgment in AXA France v Santander Cards UK, allowing Santander’s appeal in part and dismissing AXA’s cross appeal.

The appeal focused on the scope of a contractual indemnity and the application of the Civil Liability (Contribution) Act 1978 to costs arising from complaints relating to the alleged mis-selling of PPI. The Court of Appeal held that the indemnity applied only to losses arising from PPI policies sold after the indemnity came into effect, and not to those sold beforehand. As a result, AXA’s award was reduced from approximately £670 million to around £100 million.

The judgement can be found here

Further coverage of the judgment can be found here:

https://www.thelawyer.com/santander-judgment-2026/

https://www.ft.com/content/2c206da5-63c9-405d-ae14-abe772ea32e0?syn-25a6b1a6=1

Mark Howard KC was brought in for the Court of Appeal proceedings and was instructed by Slaughter and May and Reed Smith

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