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Middle Eastern COVID BI lands in England (and Wales)

8th Aug 2022

Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors [2022] EWHC 2049 (Comm)

Impression combined with analysis persuaded the court that the interpretation of a somewhat “odd” provision, successfully contended by Gavin Kealey QC and Josephine Higgs QC to be a non-exclusive jurisdiction clause in favour of English jurisdiction in a suite of policies governed by a variety of Middle Eastern laws, “best harmonise[d] the wording and the commercialities of the clause in the context of the wider factual matrix”. Counsel were commended for “having heroically restrained themselves from citing the usual authorities on the correct approach to contractual construction”, a commendation that was welcome but probably unnecessary since, as so often the case, there was absolutely no benefit to anyone (apart, possibly, from tree fellers) in their ritualistic recitation.

Gavin Kealey QC and Josephine Higgs QC were instructed by Sonia Campbell and Chris Neilson of Mishcon de Reya.

Please view a copy of the judgment here.