Dornoch Ltd & Ors v The Mauritius Union Assurance Co. Ltd.

Gavin Kealey QC
David Bailey QC

[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 English law – Proceedings for negative declaration issued by reinsurers in England – reinsurers then joined to action by assured against insurers in Mauritius – Whether anti-suit injunction should be granted in favour of reinsurers – Whether reinsurance incorporated an exclusive jurisdiction clause – Law applicable to reinsurance – Rome Convention 1980, articles 2 and 3 – Whether England the most convenient forum for action – Action in tort by reinsurers for fraudulent misrepresentation – Law applicable to tort claim

Date added: May 19th, 2007

Area of Expertise

Banking & finance
Insurance & reinsurance
Jurisdiction / conflicts of law