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Comatra Ltd And Another –v- Various Underwriters

31st Jul 2000

[2000] 2 All ER (Comm) 609; [1999] 2 All ER (Comm) 1002

Alistair Schaff QC and Adam Fenton – Shipping – General average – Contribution by cargo owners – Bigham clause – Underwriters insuring claimants’ vessel for its proportion of general average – Vessel suffering damage during voyage and claimants making non-separation agreement with cargo owners – Agreement including Bigham clause capping cargo owners’ contribution – Whether underwriters liable to claimants for general average in excess of Bigham cap.