Reported Cases
Hull & machinery insurers win in the Court of Appeal in jurisdiction battle with the mortgagee bank
The Atlantik Confidence [2018] EWCA 2590 Civ This is the latest in a series of events since Mr Justice Teare ruled, in October 2016, in proceedings between the owner of the Atlantik Confidence and cargo interests, that the owner and Mr Agaoglu (the beneficial owner of the vessel) had wilfully cast away the vessel. Since […]
November 21, 2018
7KBW teams act in major preliminary issues trial
[2018] EWHC 1083 (Comm) James Brocklebank QC acted with Henry Moore, and Peter MacDonald Eggers QC acted with Marcus Mander in this substantial trial of 10 preliminary issues, raising a number of interesting points of law in the insurance context and more generally, particularly relating to the notification of insurance claims and the operation of […]
May 9, 2018
Aspen Underwriting Limited and Others v Kairos Shipping Limited and Others (The Atlantik Confidence)
[2017] EWHC 1904 (Comm); [2017] 2 Lloyd’s Rep. 295 Peter Macdonald Eggers QC and Sandra Healy act for the Claimants, who are hull and machinery insurers, in an action to recover insurance proceeds paid by them, under or pursuant to a settlement agreement, to the owner, manager and mortgagee of the vessel Atlantik Confidence which was lost […]
July 27, 2017
Owners of the Cape Bari v Bahamas Oil Refining Company International Ltd
The Cape Bari [2016] UKPC 20 On 25th May 2012, at 1318 hours, the vessel Cape Bari arrived at Freeport, Grand Bahama, with a view to berthing the vessel in order to load a cargo of ERHA crude oil at the facility owned and operated by BORCO. At or soon after 1330 hours, two pilots […]
July 19, 2016
“Brillante Virtuoso” Suez Fortune Investments Ltd And Piraeus Bank Sa v Talbot Underwriting Ltd And Others
[2015] EWHC 42 (Comm) On 5th-6th July 2011, the vessel Brillante Virtuoso was taken by pirates off the coast of Aden, Yemen. The pirates ordered the vessel to proceed to Somalia, but after the vessel’s main engine stopped and could not be restarted, the pirates detonated an incendiary device in the vessel’s engine room. The […]
January 15, 2015
Rathbone Brothers Plc and another v Novae Corporate Underwriting and others
In this important decision of the Court of Appeal concerning the doctrine of subrogation and the construction of professional indemnity policies, both sides were represented by counsel from 7 King’s Bench Walk. The dispute arose under a policy of professional liability insurance issued to Rathbone Brothers Plc (“Rathbone”), their subsidiaries and insured persons. Claims had […]
November 14, 2014
“Princess Of The Stars”
On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after sailing into Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel claimed against the shipowner and in some cases also against the shipowner’s cargo liability insurer, Oriental. Oriental had […]
August 7, 2014
The Owners of the Cape Bari v Bahamas Oil Refining Company International Ltd
(Collision with loading facility; limitation of liability under 1976 Convention; contracting out)
April 30, 2014
Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi v VSC Steel Co Ltd
[2013] EWHC 4071 (Comm) Jurisdiction challenge to arbitration award, applicable law, sale of goods (steel)
January 19, 2014
Rathbone Brothers PLC v Novae Corporate Underwriting Judgment of Mr Justice Burton-8th November 2013
The Court determined a number of issues about the nature and effect of a policy of professional liability insurance. The policy was issued by London underwriters in favour of Rathbone Brothers plc (“Rathbones”), their subsidiaries and “insured persons”, who were defined by the policy to include employees of an insured company employed in the performance […]
November 12, 2013
Gujarat NRE Coke Ltd v Coeclerici Asia (Pte) Ltd
Sale of metallurgical coke; guarantee; alleged serious irregularity; section 68 of the Arbitration Act 1996.
September 12, 2013
“Princess of the Stars” Amlin Corporate Member Ltd & Others v Oriental Assurance Corporation
On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after she sailed into the midst of Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel brought claims against the owner of the vessel and in some cases also directly […]
August 1, 2013
“Nancy” Sea Glory Maritime Co v Al Sagr National Insurance Co
On 14-15 February 2009, the vessel NANCY was totally lost by fire at Nakhodka, Russia, near the Sea of Japan. The owner of the vessel claimed an indemnity under a marine insurance policy from their hull insurer for the constructive total loss of the vessel. The insurer declined the claim and sought to avoid the […]
July 22, 2013
“Pacific Champ” Hyundai Merchant Marine Company Limited v Americas Bulk Transport Limited
(whether binding charterparty and arbitration agreement; construction of a “subject review” provision; whether there was a separable arbitration agreement; applications under sections 67, 68 and 69 of the Arbitration Act 1996).
April 25, 2013
Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation – Court of Appeal Judgment
In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]
October 17, 2012
“Princess of the Stars” Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation – Court of Appeal Judgment
In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]
October 17, 2012
Golden Ocean Group Limited v Salgaocar Mining Industries PVT
Charterparty, Jurisdiction, Statute of Frauds 1671, Guarantee
March 30, 2012
Osmium Shipping Corporation v Cargill International SA
Peter MacDonald Eggers was involved in this case which concerned the construction of an off-hire clause and the Conwartime Clause in a charterparty and whether a piratical seizure was an off-hire event.
March 13, 2012
Amlin Corporate Member Limited -v- Oriental Assurance Corporation
[2012] EWHC 540 (Comm) cargo liability reinsurance; typhoon warranty; case management stay
February 17, 2012
Arash Shipping v Groupama Transport
On 7th April 2011, Arash Shipping commenced proceedings against Groupama Transport. Those proceedings raised two principal issues, namely: Whether the automatic extension of the policy of marine insurance issued by Groupama Transport in respect of 5 fleets of vessels was not prohibited by Council Regulation (EU) No 961/2010 (which entered into force on 27th October […]
May 27, 2011
“Sibohelle” TTMI SARL v Statoil ASA
Peter MacDonald Eggers was involved in this case that concerned an appeal from an arbitration award as to jurisdiction and whether or not a charterparty had been concluded.
May 9, 2011
Masefield AG v Amlin Corporate Member Ltd – Court of Appeal
[2011] EWCA Civ 24 Peter MacDonald Eggers and Sarah Cowey were involved in this decision – the first case involving a piracy claim under an insurance policy for more than 150 years – clarifies the law of marine insurance, piracy and total losses, and the treatment of ransom payments as a matter of English law […]
January 19, 2011
Gard Marine & Energy Ltd -v- Tunnicliffe
[2011] Lloyd’s Rep IR 489; [2010] Lloyd’s Rep IR 60 Peter MacDonald Eggers acted in this Reinsurance matter – Hurrican Rita — Jurisdiction — Action by reinsured against reinsurer domiciled in Bermuda — Whether reinsurer should be joined to proceedings against London market reinsurers and brokers — Law applicable to reinsurance — Place of performance […]
October 6, 2010
Owners of Kamal XXVI v Owners of Ariela
[2010] EWHC 2531 (Comm) Peter MacDonald Eggers acted in this matter concerning the claim for privilege in respect of documents in the case of third party fraud.
August 19, 2010
“WD Fairway” Dornoch Limited v Westminster International BV
[2010] Lloyd’s Rep IR 1; [2009] Lloyd’s Rep IR 573 Jonathan Gaisman Q.C. and Peter MacDonald Eggers – On 17th July 2009, Mr Justice Tomlinson handed down judgment following the Phase 2 trial in the case involving the dredger “WD Fairway”. The current decision concerns the excess insurers’ entitlement to take over a vessel which […]
March 19, 2010
Masefield AG v Amlin Corporate Member Ltd
[2010] Lloyd’s Rep. IR 345; [2010] 1 Lloyd’s Rep. 509; [2010] 2 All ER 593; [2010] 1 All ER (Comm) 1067 Peter MacDonald Eggers and Sarah Cowey acted for insurers in relation to a marine insurance claim for an actual total loss or constructive total loss of cargo aboard a vessel seized by Somali pirates.
March 19, 2010
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
Dornoch Ltd v Westminster International BV
On 17th July 2009, Mr Justice Tomlinson handed down judgment following the Phase 2 trial in the case involving the dredger WD Fairway. In March 2007, the vessel MSC Joanna collided with the dredger WD Fairway, causing the WD Fairway to become a constructive total loss. In April 2008, the owners’ claim for €145 million […]
July 17, 2009
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
AIG Europe (Ireland) Ltd v Faraday Capital Ltd
[2008] Lloyd’s Rep IR 454; [2007] Lloyd’s Rep IR 267 Peter MacDonald Eggers acted in this matter involving directors and officers liability risks; reinsurance; claims co-operation clause; claim relating to artificial inflation of share price under US securities legislation.
November 19, 2007
IPOC International Growth Fund Limited v LVFG Finance Group Limited
(18th June 2007, Eastern Caribbean Supreme Court (Court of Appeal) (British Virgin Islands)) Peter MacDonald Eggers acted in this matter concerning the enforcement of New York Convention awards in respect of a telecommunications dispute.
August 19, 2007
“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
Faraday Capital Ltd -v- Copenhagen Reinsurance Company Ltd
[2007] Lloyd’s Rep IR 23 Peter MacDonald Eggers acted in this matter involving power station; property all risks; reinsurance; follow settlements clause; “without prejudice” settlements Reinsurance – Defendants reinsuring claimants under contract stated to be subject to same terms as original and to follow settlements – Claims made against reinsured by assured settled under a […]
May 4, 2006
Faraday Capital Ltd v Copenhagen Reinsurance Company Ltd
[2007] Lloyd’s Rep IR 23 Peter MacDonald Eggers acted in this matter involving power station; property all risks; reinsurance; follow settlements clause; “without prejudice” settlements Reinsurance – Defendants reinsuring claimants under contract stated to be subject to same terms as original and to follow settlements – Claims made against reinsured by assured settled under a […]
January 19, 2006
Goshawk Syndicate Management Ltd -v- XL Specialty Insurance Co
[2004] Lloyd’s Rep IR 683; [2004] 2 All ER (Comm) 512 Alistair Schaff QC and Peter MacDonald Eggers acted in this reinsurance matter; retail shops in World Trade Center; terrorist attack; transit and stock risks; construction; annual aggregate deductible Reinsurance – Direct policy against physical damage to retail stores – Policy containing annual aggregate retention […]
May 12, 2004
College Credit Ltd v National Guarantee Corp Ltd
[2005] Lloyd’s Rep IR 5; [2004] 2 All ER (Comm) 409 Peter MacDonald Eggers acted in this credit insurance; policy interpretation matter. Insurance (credit) – Assured providing finance for obtaining motor vehicles on credit – Assured also providing finance for consumer insurances – Whether underwriting criteria in policy to include cost of consumer insurances.
April 19, 2004
Goshawk Syndicate Management Ltd v XL Specialty Insurance Co
[2004] Lloyd’s Rep IR 683; [2004] 2 All ER (Comm) 512 Alistair Schaff QC and Peter MacDonald Eggers acted in this reinsurance matter; retail shops in World Trade Center; terrorist attack; transit and stock risks; construction; annual aggregate deductible. Reinsurance – Direct policy against physical damage to retail stores – Policy containing annual aggregate retention […]
December 19, 2003
British Credit Trust Holdings v UK Insurance Ltd
[2004] 1 All ER (Comm) 444 Peter MacDonald Eggers acted in this credit insurance matter; time bar; abandonment; relation back. Particulars of claim – Amendment – Abandonment – Claim made in claim form not repeated or adopted in points of claim – Whether claim abandoned – Discretion of court.
November 19, 2003
“Martin P” O’Kane v Jones
[2004] 1 Lloyd’s Rep 389 Gavin Geary, Charles Holroyd and Peter MacDonald Eggers acted in this marine insurance matter; double insurance; insurable interest; contribution; non-disclosure; mistake. Insurance (Marine) – Two policies on vessel’s hull and machinery – Second policy cancelled after vessel became constructive total loss – Whether underwriters under first policy entitled to contribution […]
July 19, 2003
“David Agmashenebeli”
[2003] 1 Lloyd’s Rep 92; [2002] 2 All ER (Comm) 806 Timothy Saloman QC; Stephen Hofmeyr QC and Peter MacDonald Eggers acted in this matter involving liability of shipowner for clausing of bill of lading Bill of lading – Clean bill – Title to sue – Berthing delay – Cargo of urea loaded – Master […]
July 19, 2002
BCL Trading GmbH v Trafigura Beheer BV
[2002] EWCA Civ 251 Peter MacDonald Eggers acted in this matter involving sale of goods; gas oil; CIF; payment of price; section 49 of the Sale of Goods Act 1979.
March 19, 2002
Assicurazioni Generali SpA v Ege Sigorta AS
[2002] Lloyd’s Rep IR 480 Dominic Kendrick QC and Peter MacDonald Eggers acted in this reinsurance; bankers blanket bond insurance; jurisdiction and forum convenients. Reinsurance – Conflict of laws – Jurisdiction Clause – Whether reinsurance incorporated jurisdiction Clause contained in direct policy – Effect of policy wording at variation with slip – Test for incorporation […]
June 19, 2001
Raiffeisen Zentralbank Osterreich AG -v- Crossseas Shipping Ltd
[2000] 3 All ER 274; [2000] 1 All ER (Comm) 76; [2000] 1 WLR 1135; [1999] 1 All ER (Comm) 626 Stephen Hofmeyr QC and Peter MacDonald Eggers acted in this matter involving material alteration to a guarantee; rule in Pigot’s Case Guarantee – Debt – Surety’s liability – Guarantee of company’s liabilities – Surety […]
December 21, 2000
Shell UK Ltd. (T/A Shell (UK) Exploration & Production) v CLM Engineering Ltd. (Formerly Land & Marine Engineering Ltd.) And Others
[2000] 1 Lloyd’s Rep. 612; [2000] 1 All ER (Comm) 940 Stephen Hofmeyr and Peter MacDonald Eggers acted in this contractors all risks insurance matter; construction of production platform, sub-sea drilling centres and pipelines in North Sea; scope of insuring clause. Insurance (Marine) – MAR form – Construction – Insurance provided in respect of Gannet […]
November 19, 2000
