Reported Cases
Supreme Court gives landmark judgment in COVID-19 business interruption test case appeal: 7KBW team acts for MS Amlin
The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2021] UKSC 1 Gavin Kealey QC, Andrew Wales QC, Sushma Ananda and Henry Moore represented MS Amlin Underwriting Ltd (“MSA”) in the Supreme Court in the expedited test case brought by the FCA to determine whether selected business interruption wordings respond to COVID-19 losses. The judgment of Lords […]
January 15, 2021
Latest COVID-19 judgment: Gavin Kealey QC and Keir Howie secure summary dismissal of business interruption claim
TKC London Limited v Allianz Insurance Plc [2020] EWHC 2710 (Comm) The Commercial Court has today handed down judgment in TKC London Limited v Allianz Insurance Plc [2020] EWHC 2710 (Comm), following an application heard on 22 September 2020. The judgment is the latest decision to test the way in which business interruption insurance policies […]
October 15, 2020
Judgment in COVID-19 business interruption test case: 7KBW team acts for MS Amlin and Ecclesiastical
The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2020] EWHC 2448 (Comm) Gavin Kealey QC, Andrew Wales QC, Sushma Ananda and Henry Moore, instructed by DAC Beachcroft LLP, represented MS Amlin Underwriting Ltd (“MSA”) and Ecclesiastical Insurance Office plc (“EIO”) in the expedited test case proceedings started by the FCA in June 2020. The test case, […]
September 18, 2020
Landmark decision of the Court of Appeal on fraudulent misrepresentation and transferred loss
Bv Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc. [2019] EWCA Civ 596 Gavin Kealey QC and Henry Moore have won a major case before the Court of Appeal on issues of fundamental importance in the law of contract. They acted for the successful Respondent together with Simon Goldstone of 4 Pump Court, who had […]
April 9, 2019
Flying success for 7KBW team in Aircraft Purchase Fleet Limited v Compagnia Aerea Italiana SPA [2018] EWHC 3315 (Comm)
Aircraft Purchase Fleet Limited v Compagnia Aerea Italiana SPA [2018] EWHC 3315 (Comm) Gavin Kealey QC, Andrew Wales QC, Anna Gotts and Harry Wright have successfully defended a $260m claim for damages by Aircraft Purchase Fleet Limited (“APFL”) on behalf of Compagnia Aerea Italiana SPA (“CAI”), the former operator of the Alitalia airline. APFL claimed […]
December 4, 2018
Monde Petroleum v WesternZagros Ltd
[2018] EWCA Civ 25 Gavin Kealey QC was successful again in the Court of Appeal, this time leading Tom Sprange QC and Ruth Byrne of King & Spalding LLP on behalf of WesternZagros Limited, a Canadian headquartered oil and gas company doing business in Kurdistan. The issues concerned the attempts of WesterZagros Limited to obtain […]
January 18, 2018
Whitlock and another (Appellants) v Moree (Respondent) (Bahamas)
[2017] UKPC 44 Gavin Kealey QC and James Goudkamp appeared on behalf of the Appellants in this appeal to the Privy Council against the decision of the Court of Appeal of the Bahamas. The dispute concerned the beneficial ownership of funds standing to the credit of a joint bank account. An elderly man (“the Testator”) […]
December 21, 2017
Deslauriers and another (Appellants) v Guardian Asset Management Limited (Respondent) (Trinidad and Tobago)
[2017] UKPC 34 Gavin Kealey QC and Elizabeth Lindesay acted on behalf of the successful Respondent, Guardian Asset Management Limited (“GAM”), in these combined appeals to the Privy Council from the Court of Appeal of Trinidad and Tobago. The dispute arose out a commercial loan transaction for TT$18.6 million advanced by GAM to the appellants, […]
November 15, 2017
ARC Capital Partners Limited v Brit UW Limited & Anr.
ARC Capital Partners Limited v Brit UW Limited & Anr. [2016] EWHC 141 (Comm) Gavin Kealey QC and Charles Holroyd have succeeded in establishing the right of a private equity fund manager (“the Manager”) to be indemnified by its Second Excess layer professional indemnity insurers in a case before the Commercial Court. The insurers had […]
January 29, 2016
B.A.T. Industries Plc v Windward Prospects Limited and Appleton Papers Inc
Gavin Kealey QC and Tim Jenns acted for the Claimant, B.A.T. Industries Plc (“BAT”) in a substantial jurisdiction application. BAT’s claim is for a declaration of its rights of indemnity against the First Defendant (“Windward”), an English company, and the Second Defendant (“API”) a company incorporated in Delaware in respect of liabilities potentially exceeding US$250 […]
December 20, 2013
General Construction Limited v Chue Wing
On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing[2013] UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles to […]
October 15, 2013
Judgment of the Privy Council in General Construction Limited v Chue Wing [2013] UKPC 30
On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing [2013] UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles […]
October 15, 2013
General Construction Limited v Chue Wing
[2013] UKPC 30 On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing [2013] UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established […]
October 15, 2013
Proton Energy v Orlen
[2013] EWHC 334 (Sitting as a Deputy High Court Judge). Oil sale contract dispute between Swiss sellers and Lithuanian buyers.
September 24, 2013
Thinc Group Ltd v Armstrong
(Court of Appeal). Principal/agent dispute.
October 3, 2012
Munib Masri v Consolidated Contractors International Company SAL & Others – Court of Appeal
The Court of Appeal has held that the right to pursue an appeal without obtaining permission in civil contempt cases is inapplicable to companies, on the ground that a company is incapable of being imprisoned and that an order against a company in contempt proceedings cannot therefore amount to a ‘committal order’ within CPR 52.3(1)(a). […]
July 27, 2011
Munib Masri v Consolidated Contractors International Company SAL & Others decision
Gavin Kealey QC, Head of Chambers at 7KBW, leading Colin West from Brick Court Chambers, instructed by Simmons & Simmons on behalf of Mr Masri, the Claimant, has just secured judgment in the latest instalment of one of the longest running cases in the Commercial Court. This was probably the largest and lengthiest contempt application […]
May 9, 2011
Munib Masri -v- Consolidated Contractors International Company SAL & Others
[2011] All ER (D) 142 Jurisdiction/stay/articles 27 & 28 Council Regulation (EC) 44/2011
April 5, 2011
Buyuk Camlica Shipping Trading and Industry Co Inc v Progress Bulk Carriers Limited
[2010] EWHC 442 (Comm) Peter MacDonald Eggers acted in this matter with Gavin Kealey Q.C. sitting as Deputy High Court Judge (challenges to maritime arbitration award for irregularity and permission to appeal).
March 19, 2010
NFU v HSBC
[2010] EWHC 773 (Comm) Gavin Kealey Q.C. acted as a Deputy High Court Judge: double insurance.
December 19, 2009
HLB Kidsons v Lloyd’s Underwriters
On 31 October 2008, the Court of Appeal handed down Judgment in HLB Kidsons v Lloyds Underwriters [2008] EWCA Civ 1206, an important decision concerning the construction and application of notification provisions in a claims made policy. Gavin Kealey QC acted for underwriters. The action arose out of professional negligence claims made against HLB Kidsons […]
October 31, 2009
Datasat v Swindon Town Football Club
[2009] EWHC 859 (Comm) Gavin Kealey Q.C. acted as a deputy High Court Judge (loans, investments, share sale).
October 19, 2009
“Eternity” The Petroleum Oil and Gas Corporation Of South Africa (Pty) Ltd v FR8 Singapore Pte Ltd
[2009] 1 Lloyds Rep 107; [2009] 1 All ER (Comm) 556 Gavin Kealey Q.C. led Noel Casey for Shipowners in claim under Shelltime 4 form. Charterparty (Voyage) – Gasoil and Mogas cargoes allegedly damaged by reason of failure to separate vapour phases from common inert gas line – Owners undertaking to operate inert gas system […]
August 19, 2009
Grecoair Inc v John Tilling & Ors (Costs).
Gavin Kealey Q.C. and Richard Sarll acted as counsel for London insurers in a claim for a non-party costs order against a director and share holder of a company whose claim for an indemnity had been dismissed. The case puts beyond doubt the availability of disclosure and oral evidence in such proceedings.
June 12, 2009
Grecoair Inc v John Tilling & Ors (Costs)
2009 WL 1062979 Gavin Kealey Q.C. and Richard Sarll acted as counsel for London insurers in a claim for a non-party costs order against a director and share holder of a company whose claim for an indemnity had been dismissed. The case puts beyond doubt the availability of disclosure and oral evidence in such proceedings.
February 19, 2009
Grecoair Inc -v- John Tilling & Ors (Costs).
2009 WL 1062979. Gavin Kealey Q.C. and Richard Sarll acted as counsel for London insurers in a claim for a non-party costs order against a director and share holder of a company whose claim for an indemnity had been dismissed. The case puts beyond doubt the availability of disclosure and oral evidence in such proceedings.
January 14, 2009
HLB Kidsons -v- (1) Lloyd’s Underwriters, Royal Sun Alliance & others (2) CMS Cameron McKenna (3) Millers Insurance Services
[2009] 1 Lloyds Rep 178; [2008] Lloyd’s Rep IR 237; [2009] 2 All ER (Comm) 81 Gavin Kealey Q.C. acted on behalf of insurers against 3 other teams of leading and junior counsel in a complex professional indemnity insurance trial and 5 day appeal involving tax avoidance scheme claims by third parties against accountant insureds, […]
November 19, 2008
Limit No. 2 Ltd. v AXA Versicherung AG
On 12th November 2008, the Court of Appeal handed down its judgment in Limit No. 2 Limited v AXA Versicherung AG. This decision has significant implications for insurance and reinsurance contracts and contracts generally. Gavin Kealey QC and Peter MacDonald Eggers, both of 7 King’s Bench Walk, instructed by Clyde and Co. acted for the […]
November 12, 2008
“Elli” And The “Frixos” Golden Fleece Maritime Inc v St Shipping and Transport Inc
[2008] 2 Lloyds Rep 119; [2008] 1 Lloyd’s Rep. 262; [2009] 1 All ER (Comm) 908; [2008] 1 All ER (Comm) 497 Gavin Kealey Q.C. acted for shipowners in claim against time charterers concerning effect of change of International Regulations on Shipowners’ obligations under Shelltime 4 form. Charterparty (Time) – Change in international regulations – […]
September 19, 2008
Bedfordshire Police Authority -v- Syndicate 386
[2009] 1 Lloyds Rep IR 607; [2009] 1 Lloyds Rep IR 39; [2009] 2 All ER (Comm) 200 Gavin Kealey Q.C. led Andrew Wales for public liability insurers in claim concerning Riot Damage Act liabilities.
June 20, 2008
Verizon v Swiftnet
[2008] EWHC 551; [2008] All ER (D) 289 (Mar) Gavin Kealey Q.C. acted as Deputy High Court Judge – telecommunications network dispute and forgeries). Contract – Implied term – Circumstances in which term should be implied – Telecommunications services contract – Claimant bringing action for unpaid invoices – Claimant admitting certain invoices inaccurate but contending […]
May 19, 2008
Shell UK Ltd v Acergy UK Ltd
Technology and Construction Court, June 2007 Gavin Kealey Q.C. and Alexander MacDonald acted for the defendant engineering company resisting an application for injunction enjoining company from departing FLAGS Hot Tap Project to carry out work on another North Sea Project.
June 19, 2007
Dornoch Ltd & Ors v The Mauritius Union Assurance Co. Ltd.
[2006] 1 Lloyds Rep IR 786; [2006] 2 Lloyd’s Rep. 475; [2006] Lloyd’s Rep IR 127; [2006] 2 All ER (Comm) 385 Gavin Kealey Q.C. leading David Bailey – Reinsurance – banker’s blanket policy – jurisdiction Reinsurance – Conflict of laws – Direct bankers’ blanket policy governed by law of Mauritius – Reinsurance governed by […]
May 19, 2007
Travelers Casualty v Sun Life
[2006] EWHC 2716, [2006] EWHC 2885 (Commercial Court, Clarke J.) Gavin Kealey Q.C. led Andrew Wales for the insureds in claim under professional indemnity insurance. Insurance (liability) – Global excess policy issued to Canadian parent company and worldwide subsidiaries – English subsidiary incurring losses following review of sale of investment contracts ordered by Financial Services […]
December 19, 2006
Alexiou v Campbell
[2007] UKPC 11 Gavin Kealey Q.C. acted in a share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas.
November 19, 2006
Mulchrone v Swiss Life (UK) Plc
[2006] 1 Lloyds Rep IR 339 Gavin Kealey QC sat as Deputy Judge in this Insurance matter (group personal accident) – Employee making claim for repetitive stress injury – Policy containing arbitration clause – Whether employee could bring arbitration proceedings against insurers – Contracts (Rights of Third Parties) Act 1999 – Date on which insurance […]
October 19, 2006
“Jascon 5” – Talbot Underwriting Ltd v Nausch Hogan & Murray Inc
[2006] 1 Lloyds Rep IR 531; [2006] 2 Lloyd’s Rep. 195; [2006] 2 All ER (Comm) 751 Gavin Kealey Q.C. acted for the Respondent against the then Julian Flaux Q.C. and Peter MacDonald Eggers in undisclosed principals in insurance contracts.
June 19, 2006
Travelers Casualty -v- Sun Life
[2006] EWHC 2716, [2006] EWHC 2885 (Commercial Court, Clarke J.) Gavin Kealey Q.C. led Andrew Wales for the insureds in claim under professional indemnity insurance. Insurance (liability) – Global excess policy issued to Canadian parent company and worldwide subsidiaries – English subsidiary incurring losses following review of sale of investment contracts ordered by Financial Services […]
April 27, 2006
Grecoair Inc -v- John Tilling & Ors
[2005] Lloyd’s Rep. IR 151 Gavin Kealey Q.C. acted for reinsurers in successfully resisting the attempt by U.S. insured to cut through insurance provided by Angolan insurers to claim direct against reinsurers).
December 9, 2004
National Westminster Bank PLC -v- Bilgin
[2004] EWHC 2372 (Comm) Gavin Kealey Q.C. acted as Deputy High Court Judge – piercing corporate veil, nominees & resulting trusts.
November 3, 2004
Lumbermen Mutual Casualty Co –v- Bovis Lend Lease Ltd
[2005] 1 Lloyds Rep 494; [2005] Lloyd’s Rep IR 74; [2005] 2 All ER (Comm) 669 Gavin Kealey Q.C. and David Allen – Impact and enforceability of global settlements in liability insurance and reinsurance. Insurance (construction of professional liability policy) – Assured reaching a settlement with third party – Settlement encompassing claims and counterclaims – […]
October 5, 2004
W.I.S.E. Underwriting Agency Limited and Dornoch Ltd -v- Grupo Nacional Provincial SA
[2004] 2 Lloyds Rep 483; [2004] Lloyd’s Rep IR 764; [2004] 2 All ER (Comm) 613 Gavin Kealey Q.C. – Reinsurance – Utmost good faith – Cargo insurance – Reinsured stating that clocks were to be insured – Cargo including Rolex watches – Cargo stolen – Whether reinsurers induced by presentation of risk – Whether […]
July 1, 2004
Tonicstar -v- American Home Assurance
[2005] 1 Lloyd’s Rep. I.R. 32 (Commercial Court, Morison J.) Gavin Kealey Q.C. led James Brocklebank in Anti-suit and anti-anti-suit injunctions and conflicts of laws in context of insurance. Reinsurance – Conflict of laws – Anti-suit injunction – Proceedings started in England by claimants – Proceedings started by defendants in New York four days later […]
April 26, 2004
Travelers Casualty -v- Sun Life – Jurisdiction
[2004] Lloyd’s Rep IR 846; [2004] Lloyd’s Rep IR 846 Gavin Kealey QC and Andrew Wales – (Commercial Court) Jurisdiction, conflict of laws. Reinsurance – Conflict of laws – Canadian parent company insuring itself and English subsidiary against liability – Reinsurers seeking declaration of non-liability for breach of claims provisions – Proceedings first commenced in […]
March 1, 2004
Assicurazioni Generali -v- CGU
[2003] LRIR 725; [2004] Lloyd’s Rep. IR 457 Stephen Hofmeyr QC led Johan Bignall against Sioban Healy in this matter where Gavin Kealey Q.C. acted as a Deputy High Court Judge: leading case on follow settlements clauses – affirmed by the Court of Appeal. Reinsurance – Insurance of work for installation and maintenance of cables […]
May 22, 2003
Sun Life Assurance Co. of Canada -v- CX Reinsurance Co. Ltd
[2004] LRIR 58 (Court of Appeal) Gavin Kealey Q.C. and Jawdat Khurshid acted in an Appeal concerning formation of contract, incorporation of terms, existence of arbitration agreement in context of reinsurance.
March 6, 2003
Kumar -v- AGF Insurance
(Commercial Court, Thomas J.) [1999] 1 W.L.R. 1747 Gavin Kealey Q.C. acted as Leading Counsel for professional indemnity insurers against insured solicitor in case involving interpretation of clauses permitting claims for indemnity against legal liability by non-fraudulent partners in circumstances where the fraud of the culpable partner amounted also to a breach of warranty.
November 10, 1999
Kingscroft Ins. Co. Ltd. & Walbrook Ins. Co. Ltd & others -v- The Nissan Fire & Marine Insurance Company Limited.
[2000] 1 All ER (Comm) 272; [1999] 1 Lloyd’s Rep 603 Gavin Kealey Q.C. led Alistair Schaff Q.C. – Reinsurance – Facility quota share treaties reinsuring reinsurance pool – Pool consisting of stamp companies and other members acting as whole account quota share reinsurers – Whether companies later joining pool were parties to reinsurance – […]
July 29, 1999
J. Rothschild Assurance PLC -v- John Collyear
[1999] 1 L.R.L.R 6 Gavin Kealey Q.C. acted on behalf of underwriters at Lloyd’s for professional liability insurers in trial against financial services insured involved in pensions mis-selling).
September 29, 1998
Denby -v- English & Scottish Maritime Insurance Co. Ltd., & Yasuda Fire and Marine Company of Europe Ltd. -v- Lloyd’s Underwriting Syndicates 209, 356 and others
(Court of Appeal) [1998] L.RL.R. 343 Gavin Kealey Q.C. acted as Leading Counsel for Lloyd’s Syndicates (reinsurers) including Christopher Butcher in the leading case on the construction of aggregate extension clauses in reinsurance contracts.
March 5, 1998
Den Danske Bank A/S, Nomura Bank, Bank of Tokyo -v- Skipton Building Society, Economic Ins. Co. Ltd. and Kleinwort Benson Ltd
[1998] 1 EGLR 155 Gavin Kealey Q.C. and David Bailey. Mortgage Indemnity Insurance – mortgage portfolio securitisation (Commercial Court, Thomas J.) judgment December 1997: Acting for defendants against all other parties in 2 month trial in the Commercial Court: loan portfolio transfers, construction of lending criteria, bank Broking Deeds and assignments, application of insurance terms, […]
December 19, 1997
Pendennis Shipyard -v- Magrathea
1998] 1 Lloyd’s Rep. 315 Gavin Kealey Q.C. – Liability of third party for litigation costs in the context of shipping dispute
July 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
“Griparion” (No. 3) (i) Tharros Shipping Co. Ltd (ii) Den Norske Bank Plc –v- Bias Shipping Limited
[1997] 1 Lloyds Rep 246; [1995] 1 Lloyd’s Rep. 541 Gavin Kealey Q.C. led Simon Picken in this leading case concerning the power of the Court to award costs against a non-party, a P&I club. Practice – Costs – Non-party – Plaintiffs claimed damages for repudiation of charter – Defendants ordered to pay costs on […]
November 20, 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
DR Insurance -v- Central National Insurance Co. and Others
[1996] 1 Lloyd’s Rep. 74. Gavin Kealey Q.C. – issues of Private International law, Jurisdiction, Proper law, illegality Jurisdiction – Writ – Service out – international reinsurance placed in London market – Claim for declaratory relief by successor in title to reinsurer fronting for syndicate – Leave given to serve on reinsured in United States […]
May 5, 1996
“Marinor” Noranda Inc. And Others –v- Barton (Time Charter) Ltd. and Another
[1996] 1 Lloyd’s Rep 301 Gavin Kealey Q.C. and Simon Picken acted in a case involving a time charter and the incorporation of the Hague/Hague-Visby Rules. Charter-party (Time) – Limitation of time – Hague-Visby Rules – Incorporation – Time charter for carriage of sulphuric acid – Cargo outturned contaminated – Plaintiffs claimed damages for breach […]
October 27, 1995
Ignazio Messina & Co. –v- Polskie Linie Oceaniczne
[1995] 2 Lloyds Rep 566 Gavin Kealey QC led Jawdat Khurshid against Julia Dias in this Sale of ship matter – Contract – Breach – Plaintiffs alleged defendants agreed to sell vessels to plaintiffs – Vessels sold elsewhere – Plaintiffs subsequently bought vessels at higher price – Whether binding contract in existence – Whether defendants […]
July 31, 1995
Excess Insurance Co. Ltd. And Home And Overseas Insurance Co. Ltd.-v- C. J. Mander
[1997] 2 Lloyd’s Rep. 119; [1995] LRLR 358 Gavin Kealey Q.C. and Stephen Kenny acted for the claimant reinsureds. This is a leading case on the incorporation of arbitration clauses into retrocession agreements by reference to the underlying reinsurance contract. Held, that general words of incorporation were ineffective to achieve this. Reinsurance – Arbitration clause […]
May 5, 1995
Milano Assicurazioni S.P.A –v- Walbrook Insurance Co. Ltd
[1995] LRLR 188; [1994] 1 WLR 977 Gavin Kealey and Robert Bright acted in this matter – Practice – Writ – Specially endorsed writ – Amendment – Plaintiff seeking to amend specially endorsed writ to incorporate material obtained on discovery – Plaintiff intending material to be available to third party – Whether breach of implied […]
January 25, 1994
“Mary” Republic Of Somalia –v- Woodhouse Drake & Carey and (Suisse) S.A.
[1993] 1 QB 54; [1992] 3 WLR 744; [1992] 2 Lloyd’s Rep. 471; [1993] 1 All ER 371 Gavin Kealey – International Law – Recognition – Effect – Proceeds of goods belonging to Republic of Somalia in court – Somali government overthrown – Interim government set up by nominee of international conference – No administrative […]
March 13, 1993
Suncorp Insurance and Finance –v- Milano Assicurazioni Spa
[1993] 2 ReLR 350; [1993] 2 Lloyd’s Rep. 225 Gavin Kealey – Pool – Authority – Fronting – Excess of loss treaty underwritten by pool underwriter – Whether pool member used as front in treaty was party to treaty – Whether pool underwriter was authorized expressly to bind pool member for percentage lines exceeding percentage […]
March 1, 1993
Societe Commerciale De Reassurance –v- Eras (International) Ltd And Others In Re The Eras Eil Appeals
[1992] 1 ReLR 249; [1992] 1 Lloyds Rep 570; [1992] 2 All ER 82 Gavin Kealey – Practice and procedure – Jurisdiction – Service of writ outside the jurisdiction – Derivative claims -“Good arguable case” – Reinsurance-led environmental impairment liability pool covering United States risks – Disastrous losses resulting in complex disputes between parties – […]
July 22, 1991
“Lion” – R. G. Mayor (T/A Granville Coaches) –v- P & O Ferries Ltd. and Others
[1990] 2 Lloyd’s Rep. 144 Gavin Kealey – Carriage by sea – Limitation of liability – Plaintiffs’ coach driven on to defendants’ ferry – Coach not secured – Vessel took violent roll to starboard and coach damaged – Whether defendants’ entitled to limit liability – Whether defendants’ had complied with requirements of statutory instrument – […]
March 20, 1990
“Amazonia” Furness Withy (Australia) Pty.Ltd. –v- Metal Distributors (U.K.) Ltd.
[1990] 1 Lloyds Rep 236; [1989] 1 Lloyd’s Rep. 403 Gavin Kealey – Charter-party (Voyage) – Arbitration clause – Parties intended proper law to be English – Charter incorporated Australian Sea-Carriage of Goods Act, 1924 – Whether arbitration clause void – Whether parties entered into ad hoc agreement to refer disputes to arbitration in London […]
November 10, 1989
“Theodegmon” – Phillips Petroleum Co. and Others –v- Cabaneli Naviera S.A.
[1990] 1 Lloyds Rep 52 Gavin Kealey – Carriage by sea – Unseaworthiness – Due diligence – Vessel stranded in Orinoco river – Whether stranding caused by unseaworthiness – Whether pilot failed to give proper helm orders – Whether owners exercised due diligence to make vessel seaworthy – Whether plaintiffs entitled to recover costs incurred […]
May 26, 1989
Den Norske Creditbank –v- The Sarawak Economic Development Corporation
[1989] 2 Lloyds Rep 35; [1988] 2 Lloyd’s Rep. 616 Gavin Kealey – Practice – Summary judgment – Guarantee – Validity – Bank made loan to facilitate purchase of diving support vessel – Defendants gave guarantee – Guarantee assigned to plaintiffs – Whether guarantee valid – Whether plaintiffs entitled to summary judgment.
March 14, 1989
Home And Overseas Insurance Co. Ltd –v- Mentor Insurance Co. (U.K.) Ltd.
[1990] 1 WLR 153; [1989] 1 Lloyd’s Rep. 473; [1989] 3 All ER 74 Gavin Kealey – Arbitration – Stay of judicial proceedings – Arbitration agreement – Reinsurance contracts for excess of loss – Arbitrators’ “honourable engagement” clause to interpret reinsurance so as to effect general purpose – Liquidation of reinsured – Reinsurers’ application for […]
December 9, 1988
Halvanon Insurance Co. Ltd –v- Central Reinsurance Corporation
[1988] 1 WLR 1122; [1988] 3 All ER 857; [1984] 2 Lloyd’s Rep. 420 Gavin Kealey – Solicitor – Costs – Lien – Defendants granted leave to defend action – Sums in dispute to be held in joint account in names of parties’ solicitors – Plaintiffs changing solicitors – Application to change account holders – […]
July 26, 1988
“Sydney Express”
[1988] 2 Lloyds Rep 257 Gavin Kealey – Admiralty practice – Stay of action – Disputes to be referred to Courts in Bremen – Damage to cargo – Writ served but vessel not arrested – Whether defendants submitted to jurisdiction of English Court – Whether action should be stayed
April 22, 1988
“Sky One” Ferrarini S.P.A. and Others –v- Magnol Shipping Co. Inc.
[1988] 1 Lloyds Rep 238 Gavin Kealey – Practice – Writ – Extension Of Validity – Application To Set Aside – Vessel Sunk Off Crete – Cargo-Owners Claimed Against Defendant Panamanian Owners – Writ Served Out Of Jurisdiction – Whether Writ Validly Served – Whether Extension Of Validity Should Be Granted – Whether Writ Should […]
July 30, 1987
Pine Top Insurance Co. Ltd. –v- Unione Italiana Anglo Saxon Reinsurance Co. Ltd.
[1987] 1 Lloyds Rep 476 Gavin Kealey – Reinsurance – Arbitration clause – Retrocession agreement – Defendants retroceded risks to plaintiffs – All terms clauses and conditions to be as original – Whether arbitration clause incorporated – Whether disputes should be referred to arbitration.
December 17, 1986
“Sea Breeze” Richard Henry Outhwaite –v- Commercial Bank Of Greece S.A.
[1987] 1 Lloyds Rep 372 Gavin Kealey – Insurance (Marine) – Breach of warranty – Vessel a total loss – Institute Time Clauses Hulls incorporated – Whether underwriters liable to indemnify mortgagees – Whether managing owner’s interest insurance effected by or for account of managing owners – Whether breach of warranty.
July 23, 1986
Muduroglu Ltd –v- T.C. Ziraat Bankasi
[1986] 3 WLR 606; [1986] QB 1225; [1986] 3 All ER 682 Gavin Kealey – Practice – Stay of proceedings – jurisdiction – Turkish Cypriot company entering into construction contract for works in Libya – Counter-guarantee of advance payments by Turkish bank – Counter-guarantee secured by deposits by plaintiffs – Turkish bank paying under counter-guarantee […]
July 3, 1986
“Derby” Alfred C. Toepfer Schiffahrtsgesellschaft G.M.B.H. -v- Tossa Marine Co. Ltd.
[1985] 2 Lloyds Rep 325; [1984] 1 Lloyd’s Rep. 635 Gavin Kealey and Jonathan Gaisman – Charter-party (Time) – Liability – Damages – Vessel’s crew and officers Filipinos – Vessel not in possession of I.T.F. Blue Card – I.T.F. stopped discharge of vessel – Whether vessel “fitted for service” – Whether owners in breach of […]
July 10, 1985
“Argonaut” MSC Mediterranean Shipping Co. S.A. –v- Alianca Bay Shipping Co. Ltd.
[1985] 2 Lloyds Rep 216 Gavin Kealey and Jonathan Gaisman – Charter-party (Time) – Stevedore damage – Vessel loaded cargo of granite blocks – In course of unloading tank tops damaged by falling blocks – Whether owners liable for damage caused by stevedores employed by charterers.
May 2, 1985
Insurance Corporation Of Ireland And Others –v- Strombus International Insurance Co.
[1985] 2 Lloyds Rep 138 Gavin Kealey – Practice – Application to set aside service of writ – Reinsurers granted leave to serve writ on defendants in Bermuda – Whether Court should exercise its discretion and allow action to be brought in England – Whether application to set aside service of writ should be granted.
April 18, 1985
“Forum Craftsman” – Court of Appeal
[1985] 1 Lloyds Rep 291 Gavin Kealey – Admiralty practice – Stay of action – Jurisdiction clause – Damage caused to vehicles on board vessel – Whether action should be brought in Tokyo – Whether English action should be stayed.
December 20, 1984
Bedford Insurance Co. Ltd –v- Instituto De Resseguros Do Brasil
[1985] 1 QB 966; [1984] 3 WLR 726; [1984] 1 Lloyd’s Rep. 210; [1984] 3 All ER 766 Gavin Kealey acted in this Insurance matter – Contract – Illegality – Statutory prohibition Unauthorised insurance business – Insurance contract made in course of unauthorised business – Whether prohibition on making of contract – Whether contract avoided […]
November 10, 1983
Cummins Engine Co. Ltd –v- Davis Freight Forwarding (Hull) Ltd.
[1981] 1 WLR 1363; [1981] 2 Lloyd’s Rep. 402; [1981] 2 Lloyd’s Rep. 106; [1981] 3 All ER 567 Gavin Kealey – Practice – Third party proceedings – Service out of jurisdiction – CMR contract for shipment of diesel engines from Scotland to Amsterdam – Goods shipped to Europoort by English carriers – Dutch carriers […]
March 6, 1981
North Ocean Shipping Co. Ltd –v- Hyundai Construction Co. Ltd and Another
[1979] 1 QB 705 Gavin Kealey – Contract – Validity – Duress – Contract to build ship – Devaluation of currency – Shipbuilders’ refusal to honour contract unless payments increased to lessen effect of devaluation – Owners’ agreement to demands under protest – Whether economic pressure amounting to duress – Whether consideration for increased payments
July 20, 1979
Saronic Shipping Co. Ltd. –v- Huron Liberian Co.
[1979] 1 Lloyds Rep 341 Gavin Kealey – Charter-party (Voyage)-Contract of affreightment- Bunker escalation clause-Claimants submitted invoices for increased costs of bunkers-Vessels in question neither owned by nor demised to claimants-Whether principles of course of dealing, estoppel waiver or restitutio in integrum applied-Whether special case should be remitted-Essovoy 1969.
September 28, 1978
“The American Accord” United City Merchants (Investments) Ltd. and Glass Fibres And Equipments Ltd. –v- Royal Bank Of Canada, Vitrorefuerzos S.A. and Banco Continental S.A.
[1979] 1 Lloyds Rep 269 Gavin Kealey – Bunking-Letter of credit-Bill of lading-Date on bill of lading altered-Whether allegation of fraud made out-Whether letter of credit amended- Whether defendants entitled to refuse payments against document presented.
May 18, 1978