Reported Cases
AIG Europe Limited v Woodman
The Supreme Court has given judgment in AIG Europe Limited v Woodman [2017] UKSC 18, in an expedited appeal from the Court of Appeal [2016] EWCA Civ 367. The judgment concerns the true construction of the aggregation provision contained in clause 2.5 of the Minimum Terms and Conditions (“MTC”) annexed to the Solicitors Indemnity Insurance […]
March 22, 2017
AIG Europe Limited v OC320301 LLP and Ors
The Court of Appeal has given judgment in AIG Europe Limited v OC320301 LLP and Ors [2016] EWCA Civ 367, in an expedited appeal from the judgment of Teare J [2015] EWHC 2398 (Comm). The judgment concerns the true construction of the aggregation provision contained in clause 2.5 of the Minimum Terms and Conditions (“MTC”) […]
April 14, 2016
Astrazeneca v XL Insurance A3/2013/0824
On 28 February 2013 we reported on the decision of Flaux J in Astrazeneca Insurance v XL Bermuda and Ace Bermuda [click here], the first case in which the English courts had been asked to consider the proper interpretation of a “Bermuda Form” policy. The case concerned a claim by Astrazeneca Insurance, the captive insurer […]
December 20, 2013
First Commercial Court “Bermuda Form” case
Astrazeneca Insurance v XL Bermuda and Ace Bermuda is the first time an issue concerning the construction of a “Bermuda Form” policy has been dealt with by the English Courts. The case concerned a claim by Astrazeneca Insurance, the captive insurer of the worldwide pharmaceutical company, against XL Bermuda and Ace Bermuda under a £133 […]
February 28, 2013
Astrazeneca Insurance v XL Bermuda and Ace Bermuda
Astrazeneca Insurance v XL Bermuda and Ace Bermuda is the first time an issue concerning the construction of a “Bermuda Form” policy has been dealt with by the English Courts. The case concerned a claim by Astrazeneca Insurance, the captive insurer of the worldwide pharmaceutical company, against XL Bermuda and Ace Bermuda under a £133 […]
February 28, 2013
Crane (Representing Syndicate 53 At Lloyd’s, 1998 Year Of Account) –v- Hannover Ruckversicherungs-Aktiengesellschaft Park London Ltd (Third Party)
[2010] Lloyd’s Rep. IR 93 David Edwards QC led Jawdat Khurshid in this Insurance & Reinsurance matter – Contract for excess of loss reinsurance – Liability under contracts of reinsurance – Parties contractually bound to each other in respect of ‘1998 Mainframe Carve-outs’ – Claimant seeking to avoid liability to defendant reinsurance company on basis […]
December 19, 2008
Law Society -v- Shah
[2008] 3 WLR 1401 David Edwards Q.C. and Michael Holmes acted for the Law Society seeking to recover compensation payments from professional indemnity insurers of a firm of solicitors. Jessica Sutherland also acted for the Law Society in an advisory capacity. Admiralty – Mortgage – Mortgagee’s power of sale – Loan secured by mortgage of […]
November 30, 2008
Templeton Insurance Ltd -v- A1 Holdings and A1 Grand Prix Operations Ltd.
David Edwards Q.C. and Andrew Wales were involved in a dispute relating to mechanical breakdown / damage to A1 grand prix cars – Settled before Trial
June 8, 2007
Freakley -v- Centre Reinsurance International Co
[2007] Lloyd’s Rep IR 32; [2006] 4 All ER 1153; [2006] 2 All ER (Comm) 943; [2006] 1 WLR 2863; [2005] Lloyd’s Rep IR 303; [2005] 2 All ER (Comm) 65; [2004] 2 All ER (Comm) 28 Christopher Butcher Q.C. and David Edwards Q.C. acted in this matter where administrators were seeking to recover from […]
October 11, 2006
Centre Reinsurance International Co and others -v- Freakley and others [House of Lords]
[2006] 1 WLR 2863, [2004] 2 All ER (Comm) 28 Christopher Butcher QC and David Edwards QC – Insolvency – Administration order – Debts or liabilities incurred by administrator – Insurance policy entered into by company in respect of asbestos liability – Claims-handling rights transferred to insurers on subsequent appointment of administrators – Whether claims-handling […]
July 24, 2006
Konkola Copper Mines Plc -v- Coromin Ltd (No 2)
[2006] 2 Lloyd’s Rep. 446; [2006] 2 All ER (Comm) 400 David Edwards – Insurance – Jurisdiction – Claimant insured by Zambian insurers under policy subject to exclusive Zambian jurisdiction and by English insurers under policy subject to exclusive English jurisdiction – Whether Zambian insurers should be co-defendants to proceedings against English insurers – Whether […]
May 16, 2006
Absalom -v- TCRU
[2006] 2 Lloyd’s Rep. 129, [2006] 1 All ER (Comm) 375, [2005] 2 Lloyd’s Rep. 735 David Edwards and Rebecca Sabben-Clare were involved in a series of disputes concerning payment of brokerage on personal accident and medical accident business Reinsurance – Broker – Entitlement to commission – Premium paid by way of deposit premium with […]
December 19, 2005
CGU International -v- AstraZeneca Insurance
[2006] Lloyd’s Rep. IR 409; [2007] 1 Lloyd’s Rep 142 Alistair Schaff QC led David Edwards; Christopher Butcher QC led Stephen Kenny; and Andrew Wales were involved in this case which concerned the scope of coverage of an English law reinsurance contract, covering an underlying English law policy containing a US service of suit clause […]
December 1, 2005
Toomey -v- Banco Vitalicio (Atletico de Madrid)
[2005] Lloyd’s Rep. IR 423 David Edwards acted for Spanish insurers of the football club Atletico de Madrid in court proceedings against their London market reinsurers. Athletico Madrid insured the club against the risk of relegation. Reinsurance – Direct policy against loss of television rights in event that Spanish football team was relegated from Spanish […]
May 18, 2004
Centre Reinsurance International Co –v- Curzon Insurance Ltd
[2004] Lloyd’s Rep IR 622 David Edwards – Insurance – Asbestos claims – Assured becoming insolvent – Claims against liability insurers under Third Parties (Rights against Insurers) Act 1930 – Effect of policy excess – Whether claims clauses to be disregarded on basis that rights of third parties were altered
February 12, 2004
HIH -v- Chase Manhattan Bank (House of Lords)
[2003] 2 Lloyd’s Rep. 61 David Edwards led Michael Holmes; and Andrew Wales were involved in the film finance litigation Insurance (Financial contingency) – Non-disclosure – Misrepresentation – Duty of utmost good faith – Contracts for and of insurance – Allegations of non-disclosure and misrepresentation – Whether insurers entitled to avoid or rescind contract – […]
February 20, 2003
HIH Casualty & General Insurance Ltd & Others -v- The Chase Manhattan Bank & Others (Court of Appeal)
[2001] 2 Lloyd’s Rep 483; [2001] 1 All ER (Comm) 719 Christopher Butcher, David Edwards, Simon Picken, James Drake, and Michael Holmes were involved in one of the leading cases in the film finance insurance litigation, involving various issues such as the question of whether it is possible to exclude liability for the fraud of […]
July 31, 2001
Deutsche Ruck -v- La Fondiaria
[2001] 2 Lloyd’s Rep 621 David Edwards acted for a German reinsurance company successfully invoking English jurisdiction under article 5 of the Brussels Convention for a claim against a fellow member of a reinsurance pool Practice – Claim form – Application to set aside – Good arguable case – Excess of loss reinsurance and retrocession […]
July 3, 2001
“Seta Maru”, “Saikyo” And “Suma” – China Shipbuilding Corporation -v- Nippon Yusen Kabukishi Kaisha And Galaxy Shipping Pte. Ltd.
[2000] 1 Lloyd’s Rep. 367 David Edwards acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects Shipbuilding contract – Exemption clause – Construction – Builders contracted to build three bulk carriers for buyers – Guarantee period expired – Allegations of defects in erection […]
January 11, 2000
HMH v CECAR (Harding Maughan Hambly Ltd. –v- Compagnie Européenne De Courtage D’assurances et de Réassurances S.A. and Assurances Des Investissements Internationaux S.A.)
[2000] 1 Lloyd’s Rep. 316 David Edwards acted for Harding Maughan Hambly in a dispute between producing and placing brokers about payment of commission on a political risks placement Insurance brokers – Commission – Entitlement – Placing of political risks insurance in London market – Agreement between placing brokers as to split in commission – […]
December 21, 1999
Harding Maughan Hambly Ltd –v- Compagnie Europeenne De Courtage D’assurances Et De Reassurances Sa Assurances Des Investissements Internationaux SA
[2000] Lloyd’s Rep IR 293; [2000] 1 Lloyd’s Rep. 316; [2000] 1 All ER (Comm) 225 David Edwards – Insurance broker – Entitlement to commission – Sub-broker appointed by broker in chain of brokers to place risk – Appointed sub-broker nominating another broker to place the risk – Whether agreement between all brokers to share […]
December 21, 1999
“Winter” Winter Maritime Ltd –v- North End Oil Ltd Ltd.; Same –v- Marine Oil Trading Ltd
[2000] 2 Lloyd’s Rep. 298 David Edwards acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds Practice – Stay of action – Articles 21 and 22 – Claims by suppliers of bunkers to vessel – Vessel arrested in Belgium – Proceedings brought in Belgium and in […]
May 28, 1999
Source Ltd -v- T.U.V. Rheinland Holding AG
[1998] Q.B. 54 Jonathan Gaisman Q.C. and David Edwards – Conflict of Laws – Jurisdiction under European Convention – Place of performance of contractual obligation – German companies inspecting goods in China for English plaintiffs – Inspection report delivered in England – Plaintiffs suing in England for breach of contract and negligence in preparing reports […]
March 18, 1997
Glencore International A.G. (Marc Rich & Co. A.G.) -v- Portman and others
(Court of Appeal) [1997] 1 Lloyd’s Rep. 225; [1996] 1 Lloyd’s Rep. 430 Gavin Kealey Q.C. leading David Edwards acted for Glencore against Timothy Saloman Q.C. and Charles Priday – insured in marine insurance trial and in the Court of Appeal against Lloyd’s underwriters: issues of utmost good faith, waiver, constructive knowledge of underwriters. Insurance […]
December 13, 1996
“Bergen”
[1997] 1 Lloyd’s Rep 380 Jonathan Gaisman Q.C. leading David Edwards – Bill of lading – Jurisdiction clause – Article 17 – Application to set aside – Alleged damage to cargo – Disputes to be decided in Germany – Whether art. 17 applicable – Effect of art. 57 of the Brussels Convention and art. 7 […]
November 26, 1996
“Lendoudis Evangelos II” Continental Pacific Shipping Ltd. –v- Deemand Shipping Co. Ltd.
[1997] 1 Lloyd’s Rep. 404 David Edwards acted for trip time charterers resisting a claim by owners in respect of a voyage estimate given “without guarantee” Charter-party (Time) – Wrongful detention – Estimate of length of trip – Vessel chartered for “duration about 70/80 days without guarantee” – Voyage lasted 103 days, 12 hours and […]
November 15, 1996
Sumitomo Bank, Sanwa Bank, Arab Bank -v- Banque Bruxelles Lambert
[1997] 1 Lloyd’s Rep. 487 Gavin Kealey Q.C. led David Edwards for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan […]
October 2, 1996
Administracion Nacional De Combustibles Alcohol Y Portland – Ancap –v- Ridgley Shipping Inc. [Q.B. (Com. Ct.)]
[1996] 1 Lloyd’s Rep. 570 Jonathan Gaisman QC and David Edwards – Practice – Concurrent writ – Application to strike out
November 29, 1995
“Nicholas H” Marc Rich & Co. A.G. And Others –v- Bishop Rock Marine Co. Ltd. And Others
[1996] AC 211 David Edwards acted for the Japanese classification society, NKK, successfully arguing that the society owed no duty of care to cargo owners in respect of a damage survey performed on the vessel which subsequently sank. Negligence – Duty of care to whom? – Classification society – Vessel developing cracks in hull – […]
July 6, 1995
“Gudermes” Mitsui & Co. Ltd. -v- Novorossiysk Shipping Co.
[1993] 1 Lloyd’s Rep. 311 David Edwards – Carriage by sea – Implied contract – Cargo of oil on board vessel with no operative heating coils – Plaintiffs purchased cargo from shippers – Whether plaintiffs aware that vessel had no heating system – Whether contract to be implied between plaintiffs and defendants – Whether Hague-Visby […]
December 21, 1992
