Insurance & reinsurance

The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2021] UKSC 1 Jonathan Gaisman QC, Adam Fenton QC and Douglas Grant, with Miles Harris of 4 New Square represented Hiscox Insurance Company Limited (“Hiscox”) in the Supreme Court in the expedited test case brought by the Financial Conduct Authority (“FCA”) to determine whether sample […]

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 […]

Aegean Baltic Bank SA v Renzlor Shipping Ltd [2020] EWHC 2851 (Comm) Peter MacDonald Eggers QC and Henry Moore have secured a judgment worth c. US$10 million in a loan finance dispute in which they acted for the Claimant, Aegean Baltic Bank S.A. (“the Bank”). The dispute concerned the Defendants’ allegations that the Bank as […]

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 […]

Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 The Supreme Court has this morning handed down judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, which is set to become the leading authority on the governing law of arbitration agreements and the role of […]

The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2020] EWHC 2448 (Comm) Jonathan Gaisman QC, Adam Fenton QC and Harry Wright, with Miles Harris of 4 New Square were instructed by Allen & Overy and represented Hiscox Insurance Company Limited in this matter. This expedited case was the first ever under the Financial […]

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, […]

The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2020] EWHC 2448 (Comm) In June 2020 the Financial Conduct Authority (“FCA”) brought expedited test case proceedings against eight selected insurers to determine whether certain representative business interruption wordings respond to COVID-19 related losses.  These proceedings led to an urgent, remote 2 week trial […]

Generali Italia S.p.A v Pelagic Fisheries Corp. [2020] EWHC 1228 (Comm) Peter MacDonald Eggers Q.C. and Marcus Mander acted for 23 insurers under hull and machinery and increased value policies in successfully resisting challenges to the English court’s jurisdiction under Article 29(1) of Brussels I Recast.  The hearing was conducted remotely using Skype for Business. […]

Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2019] EWHC 3568 (Comm) David Bailey QC, Marcus Mander and Clara Benn have successfully defended members of the Chubb Group in an expedited trial of a claim for injunctive and declaratory relief brought by Enka, a Turkish engineering company involved in the construction […]

Suez Fortune Investments Ltd & Piraeus Bank AE v. Talbot Underwriting Ltd & others [2019] EWHC 2599 (Comm) The Commercial Court has handed down judgment in Suez Fortune Investments Ltd & Piraeus Bank AE v. Talbot Underwriting Ltd & others [2019] EWHC 2599 (Comm), concerning the loss of the oil tanker Brillante Virtuoso. Following a […]

Equitas Insurance Ltd v. Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 On 17 April 2019, the Court of Appeal handed down its long-anticipated judgment in Equitas v MMI, the latest in a series of ground-breaking appellate judgments concerned with the treatment of mesothelioma claims against employers, employer’s liability (EL) insurers and (now) excess of […]

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 […]

[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 […]

Stephen Hofmeyr QC appeared on behalf of the appellants in this matter on an appeal from a decision of Teare J removing an arbitrator pursuant to section 24 of the Arbitration Act 1996 on the ground that he was not qualified to act. The dispute concerned the construction of clause 15.5 of the Joint Excess […]

A reinsurance arbitration concerned with the September 11, 2001 terrorist attacks and whether contingency losses (mostly arising out of the cancellation or postponement of sporting events, such as the US National Football League and the Ryder Cup) could be aggregated for the purposes of excess of loss reinsurance.

Stephen Hofmeyr QC appeared on behalf of the respondent in an application to remove an arbitrator pursuant to section 24 of the Arbitration Act 1996. The dispute concerned the construction of clause 15.5 of the Joint Excess Loss Committee, Excess Loss Clauses (01/1997) which provides: “Unless the parties otherwise agree the arbitration tribunal shall consist […]

The Supreme Court has given judgment in AIG Europe Limited v Woodman [2017] UKSC 18, in an expedited appeal from the Court of Appeal [2016] EWCA Civ 367.  The judgment concerns the true construction of the aggregation provision contained in clause 2.5 of the Minimum Terms and Conditions (“MTC”) annexed to the Solicitors Indemnity Insurance […]

[2017] EWHC 246 (QB) Harry Wright acted for the successful Defendant, a solicitor sued by her former law firm for alleged breaches of duty arising in the context of a mortgage transaction in which the borrowers turned out to be fraudsters. The Claimant suffered loss in settling with the mortgage lender, and having been indemnified […]

[2017] EWCA Civ 25 On 25 January 2017, the Court of Appeal upheld Eder J’s ruling that a payment of money into escrow was not an insured loss under a programme of liability insurance. The payment was not an ascertainment of liability for the purpose of the rule in Post Office v. Norwich Union and […]

[2016] EWCA Civ 808 On 13 August 2007, shortly after completion of loading of a cargo of coal in Lake Maracaibo, Venezuela for discharge in Italy, an underwater inspection by divers discovered three bags of cocaine weighing 132 kg strapped to the hull of the “B Atlantic”.  Although neither owners nor crew were complicit in […]

[2015] EWHC 2225 (Comm) James Brocklebank and Sushma Ananda of 7 KBW, successfully defended insurance brokers, OAMPS Special Risk Limited (“OAMPS”), in a professional negligence claim concerned with the insurance of a multi-million euro super yacht (the M.Y. Galatea) which suffered significant damage while berthed at a marina. In the same action, the insured claimed […]

On 5th-6th July 2011 the vessel Brillante Virtuoso was severely damaged by fire while off the coast of Aden, Yemen. The Claimants (the vessel’s owners and its mortgagee bank) maintained that the fire was caused by pirates (or thieves or terrorists or persons acting maliciously or from a political motive) and claimed under its war […]

Orb a.r.l. and ors v Ruhan [2016] EWHC 850 (Comm) This is a complex and high value multi-party commercial fraud dispute, that was listed for a four-month trial in December 2016.  (It has now been settled.) James Drake QC, Sarah Martin and James Goudkamp (together with Matthew Ryder QC, Lorna Skinner and Nicholas Gibson, all […]

The Court of Appeal has given judgment in AIG Europe Limited v OC320301 LLP and Ors [2016] EWCA Civ 367, in an expedited appeal from the judgment of Teare J [2015] EWHC 2398 (Comm). The judgment concerns the true construction of the aggregation provision contained in clause 2.5 of the Minimum Terms and Conditions (“MTC”) […]

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 […]

The Commercial Court has just upheld a successful avoidance defence by London market marine insurers (represented by Alistair Schaff Q.C.) in a case in which a super yacht (the Galatea) was badly damaged by fire while berthed at a marina. The Galatea had been over-insured for an agreed value of 13m euros in circumstances where […]

The Court of Appeal had heard and dismissed the appeal from the judgment of Jay J on this insurance claim in relation to a fire at a warehouse. The Court of Appeal concluded that there had been a breach of a condition precedent to liability which related to the use and maintenance of the protections […]

Mr. Justice Eder gave judgment on 23 April 2014 in Teal Assurance Co Ltd v. W R Berkley Insurance Europe Ltd & another [2015] EWHC 1000 (Comm). Christopher Butcher QC and Rebecca Sabben-Clare QC (instructed by DAC Beachcroft LLP) acted for Teal. The judgment considers a 2nd round of preliminary issues in this litigation. The […]

[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 […]

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 […]

[2014] JRC 221 (Royal Court, Jersey) A dispute concerning construction of policies and the extent of the obligation of the insurer to indemnify. The decision is one of the few reported decisions on Jersey Insurance Law. To view the judgment please click here.

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 […]

Although Aikens LJ, in Rolls Royce Plc v Unite the Union [2010] 1 WLR 318 at [120], noted that the circumstances in which the court will be prepared to grant declaratory relief are considerably wider than they were once thought to be, and although Mummery LJ, in Milebush Properties Ltd v Tameside Metropolitan Borough Council […]

Alistair Schaff QC successfully appeared for a financial services firm and its insurers in this very important decision. The case concerned the FOS (Financial Ombudsman Service) jurisdiction and the effect of complainants who accepted a FOS determination in their favour up to the maximum enforceable limit awardable by FOS ( then £100,000; now £150,000) and […]

The Court of Appeal has determined an appeal from the Commercial Court in this case relating to Royal & Sun Alliance Insurance plc’s (RSA’s) model for arranging repairs to its policyholders’ vehicles and for making subrogated claims against at fault drivers.  That model had been attacked by other insurers, and managed litigation has been proceeding […]

On 28 February 2013 we reported on the decision of Flaux J in Astrazeneca Insurance v XL Bermuda and Ace Bermuda [click here], the first case in which the English courts had been asked to consider the proper interpretation of a “Bermuda Form” policy. The case concerned a claim by Astrazeneca Insurance, the captive insurer […]

In Conlon v Black Horse, the Court of Appeal confirms that the non-disclosure of commission earned on PPI premium does not render a relationship ‘unfair’, but grants permission to appeal to the Supreme Court.

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 […]

In Equitas v. Walsham Bros the Commercial Court ruled on a number of important legal issues concerning the duties owed by Lloyd’s brokers to pass on monies to reinsurers and reinsureds. The Court was also asked to consider and construe, for the first time, the complex agreements entered into across the Lloyd’s market as part […]

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 […]

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 […]

Tim Jenns acted for the Claimant in its successful defence of a challenge to the jurisdiction of the DIFC Court in Dubai, in the first reinsurance case to be heard before the DIFC Court.  Rival claims had been filed by the parties in the DIFC Court and the Abu Dhabi Court.  The jurisdiction hearing raised […]

Astrazeneca Insurance v XL Bermuda and Ace Bermuda is the first time an issue concerning the construction of a “Bermuda Form” policy has been dealt with by the English Courts.  The case concerned a claim by Astrazeneca Insurance, the captive insurer of the worldwide pharmaceutical company, against  XL Bermuda and Ace Bermuda under a £133 […]

Astrazeneca Insurance v XL Bermuda and Ace Bermuda is the first time an issue concerning the construction of a “Bermuda Form” policy has been dealt with by the English Courts.  The case concerned a claim by Astrazeneca Insurance, the captive insurer of the worldwide pharmaceutical company, against  XL Bermuda and Ace Bermuda under a £133 […]

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 […]

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 […]

These cases are both of topical interest, in the light of recent media interest as to the functioning of Motor Insurance, and of general significance in restating the principles for the assessment of damages in tort actions and the irrelevance of insurance arrangements. Cooke J was asked to determine three preliminary issues in 13 cases […]

The hearing of an application for security for costs in respect of a constructive total loss claim under a marine insurance policy.  Sarah Cowey was instructed as Counsel for the application and the trial.

[2012] EWHC 540 (Comm) cargo liability reinsurance; typhoon warranty; case management stay

[2012] Lloyd’s Rep. IR 655 £100m claim under a professional indemnity policy.

James Drake QC and Emma Hilliard appeared for the Claimants; David Bailey QC and Jocelin Gale appeared for the Intended Defendant. Practice – Compromise – Shipowner bringing proceedings against insurers for indemnity under marine insurance policy – Action settled on terms set out in Tomlin Order – Shipowner subsequently bringing claims against insurers in Greece […]

In these two appeals, which were heard together, the Court of Appeal summarised the principles to be applied in determining the basic hire rate recoverable by a claimant who could have afforded to hire a replacement car without credit terms. In Bent this resulted in the appeal being allowed and the amount awarded being increased. […]

[2011] 2 Lloyd’s Rep 141; [2011] EWHC 181 (Comm) $19.2million Comm Ct marine insurance dispute—coverage questions re seizure of vessel in bad faith by governmental authorities in Mubarak-era Egypt.

Dominic Kendrick QC led Josephine Higgs against Sioban Healy QC who led Jessica Sutherland in this Insurance dispute arising out of the judgment in Standard Life Assurance Ltd v Oak Dedicated Ltd and Others [2008] EWHC 222 (Comm), [2008] Lloyd’s L.R. 552. Decided issues of policy construction, and the effect of subjectivities on a slip.

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 […]

[2011] 2 Lloyd’s Rep 141; [2011] EWHC 181 (Comm) On 24 December 2008, the vessel “SILVA” was arrested, when passing through the Suez Canal. It was arrested by an Egyptian court, in respect of unpaid court fees owed by the unrelated owners of an unrelated vessel. Two years later, it had still not been released, […]

[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 […]

Following a fire at its Dunstable premises, Synergy, a company which provided laundry and related services to the NHS, made a claim for both material damage and business interruption losses under its Combined Commercial Policy for the year 30 April 2005 to 29 April 2006, which had been underwritten on behalf of the insurers (the […]

Richard Southern QC and Sarah Martin acted for the broker, Towergate. The claim was successfully defended on all levels and is an important authority on the limitations on the extent of a broker’s duties, as well as the circumstances in which a finding of contributory negligence might be made in an action against an insurance […]

[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.

[2010] Lloyd’s Rep IR Plus 12 David Bailey Q.C. Insurance (theft) – Application for summary judgment by insurers – Policy containing burglar alarm and protection maintenance terms – Whether provisions were warranties – Construction of scope of warranties. This was an appeal against the decision of HHJ Mackie QC, [2010] Lloyd’s Rep IR Plus 11, […]

[2010] Lloyd’s Rep. IR 531 Simon Picken Q.C. and Sushma Ananda represented insurers in a three-week business interruption arbitration involving the impact of Hurricanes Katrina and Rita on the New Orleans luxury hotel industry. The decision has been the subject of a section 69 appeal to the High Court, and is now on appeal to […]

[2010] 1 All ER (Comm) 703; [2009] Lloyd’s Rep. IR 544; [2008] Lloyd’s Rep IR 643 Timothy Saloman QC and Christopher Butcher QC – Insurance (after the event) — Binding authority — Underwriting agent authorised to write ATE insurance for insurers — Underwriting agent entering into coverholder agreements with solicitors empowering them to issue insurance […]

[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 […]

[2010] 1 Lloyd’s Rep. IR 453 Stephen Hofmeyr QC led Noel Casey – Insurance (product liability) — Claims control clause requiring assured to seek consent of insurers for settlement — Whether clause applied to claims by the assured against a third party — Implied term preventing prejudice to subrogation rights.

[2010] 2 Lloyd’s Rep 567 Christopher Butcher QC – Tortious liability — Explosion at oil refinery — Vicarious liability — Liability for actions of employee — Contractual indemnities

[2010] EWHC 773 (Comm) Gavin Kealey Q.C. acted as a Deputy High Court Judge: double insurance.

[2010] Lloyd’s Rep. IR 445, [2010] Lloyd’s Rep. FC 197, [2009] Lloyd’s Rep. IR 616. Stephen Hofmeyr QC – Insurance — Run-off — Claimant managed run-off of defendant insurers — Agreement terminating run-off and exempting claimant from most claims other than fraud — Exclusive jurisdiction clause in favour of England — Claim brought in New […]

[2010] 1 Lloyd’s Rep. IR 149, [2009] Lloyd’s Rep. IR 464; [2008] Lloyd’s Rep. IR 676 Alistair Schaff Q.C. led Michael Holmes; Adam Fenton Q.C. and Julia Dias Q.C.; and Sioban Healy. A professional negligence action against insurance brokers in a case raising issues as to the extent of brokers’ duties, contributory negligence and causation […]

[2009] EWHC 2787 (Comm) Alistair Schaff Q.C. and Simon Kerr acted in these actions concerning claims by the Claimant (“Equitas”), as assignee of the rights of Lloyd’s Syndicates (“the syndicates”), under various contracts of retrocessional excess of loss (“XL”) reinsurance (“the reinsurance contracts”), written by the Defendants (“R&Q” and “Ace” respectively) within the London Market […]

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 […]

Claim against Jens Lehmann (formerly Arsenal, now Stuttgart) relating to insurance premium.

The House of Lords handed down judgment in the conjoined appeals Wasa v Lexington and AGF v Lexington. All five of their Lordships held that the appeals should be allowed. This is a case which will have profound implications for the London and worldwide insurance and reinsurance markets. As Lord Collins said at beginning of […]

[2010] 1 AC 180; [2009] 3 WLR 575; 2 Lloyd’s Rep. 508; [2008] Lloyd’s Rep. IR 510; [2007] 1 Lloyd’s Rep. 604 Wasa, which led the argument on the appeal, was represented by Alistair Schaff QC and Siobán Healy. Christopher Butcher QC appeared for Lexington. – House of Lords overturns decision of Court of Appeal. […]

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 […]

[2009] Lloyd’s Rep. IR 464; [2008] Lloyd’s Rep IR 676 Adam Fenton Q.C., Julia Dias Q.C. and Sioban Healy – Claim by claimant insured against client brokers alleging negligent failure to procure appropriate cover. Application by client to join London market insurers on basis that policy did provide appropriate cover on its true construction, alternatively […]

[2010] Lloyd’s Rep. IR 47 Dominic Kendrick QC – Insurance (assistance) — Insurance Premium Tax — Assured paid premium to insurers for assistance and also paid arrangement fee — Whether arrangement fee subject to IPT

[2010] 1 All ER (Comm) 890; [2009] Lloyd’s Rep IR 496 Christopher Butcher QC – Damages – Mitigation of loss – Reasonable steps to mitigate damage – Standard of reasonableness – Claimants’ cars damaged in road traffic accidents as result of defendants’ negligence – Claimants making arrangements to hire cars while their own cars being […]

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.

Court of Appeal — appeal from [2008] EWHC 1842 (Comm) S.J. Phillips and Benjamin Parker – lis alibi pendens and Articles 27, 28, and 30 of the Judgments Regulation—effect of damages claim for breach of jurisdiction clause.

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.

[2009] Lloyd’s Rep. IR 562; [2009] 2 All ER (Comm) 926 Timothy Saloman QC – Insurance — Buildings — Insurance against fire — Policy term removing cover in the event of any material alteration to buildings or to facts stated in proposal form — Non-invalidation clause permitting recovery if assured unaware of alteration — Sprinkler […]

[2009] 2 All ER (Comm) 129; [2008] 2 Lloyd’s Rep. 619, [2008] 2 Lloyd’s Rep. 177 Christopher Butcher QC and Jawdat Khurshid – Conflict of laws – Jurisdiction – Claims brought for breach of credit facility containing exclusive jurisdiction clause – Claimant seeking to argue alternative claims for restitution and misrepresentation if credit agreement void […]

[2010] Lloyd’s Rep. IR 190 Richard Waller – Insurance (property) — Application for negative declaratory relief — Counterclaim for sum allegedly due under the policy — Whether order for security for the insurers’ costs of the counterclaim should be made — Civil Procedure Rules, Rule 25.13.

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.

[2009] 2 Lloyd’s Rep. 1 Jonathan Gaisman Q.C. and Sioban Healy – The Buncefield Oil Storage Depot was used by a number of oil companies. Starting at 06.01, a number of explosions occurred at the Buncefield Depot. Jonathan Gaisman and Sioban Healy acted for the lead claimants in the litigation in which negligence in the […]

[2010] Lloyd’s Rep. IR 93 David Edwards QC led Jawdat Khurshid in this Insurance & Reinsurance matter – Contract for excess of loss reinsurance – Liability under contracts of reinsurance – Parties contractually bound to each other in respect of ‘1998 Mainframe Carve-outs’ – Claimant seeking to avoid liability to defendant reinsurance company on basis […]

[2008] 3 WLR 1401 David Edwards Q.C. and Michael Holmes acted for the Law Society seeking to recover compensation payments from professional indemnity insurers of a firm of solicitors. Jessica Sutherland also acted for the Law Society in an advisory capacity. Admiralty – Mortgage – Mortgagee’s power of sale – Loan secured by mortgage of […]

[2009] Lloyd’s Rep IR 149; [2009] 1 Lloyd’s Rep. 225; [2008] Lloyd’s Rep IR 610, [2009] 2 All ER (Comm) 387, [2008] 2 All ER (Comm) 574 David Bailey Q.C. Insurance – construction of warranty Insurance (marine) – Time policy on fishing trawler – Warranty requiring skipper and crew member to be on board at […]

[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, […]

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 […]

[2009] BLR 1; [2009] 3 WLR 324; [2009] QB 725; [2008] BLR 155; The Times, November 21, 2008 David Allen Q.C. successfully overturned a decision by Ramsey J. holding his clients vicariously liable in tort for burning a waste plant down. The judgment deals with two of the most important aspects of tort law for […]

[2009] Lloyd’s Rep. IR 433 Rebecca Sabben-Clare – Reinsurance — Directors’ and officers’ cover — Whether claims cooperation clause incorporated into reinsurance agreement — Whether reinsureds in breach of clause — Summary judgment.

Case for the claimants – Christopher Butcher QC. and Ben Parker – Commercial Court claim against reinsurance intermediaries for delayed remission of funds owing to reinsurers—application of the Sempra Metals principle.

Simon Picken Q.C. and Alexander MacDonald acted for the Claimants in a 10 week, US$230 million Commercial Court action arising out of the PA LMX reinsurance market in the 1990s. Case settled shortly before the hearing.

[2009] Lloyd’s Rep. IR 414 Richard Waller – Insurance (political risks) — Conflict of laws — Arbitration — Policy containing English arbitration clause and US service of suit clause — Assured commencing proceedings in Michigan — Underwriters seeking anti-suit injunction — Whether assured obliged to go to arbitration.

[2009] 1 Lloyd’s Rep I.R. 365. S. J. Phillips and Richard Sarll acted as counsel for Lloyd’s underwriters in a claim against a foreign coverholder for allegedly fraudulent accounting in the writing of motor insurance under a series of binding authorities. The defence was struck out.

[2009] Lloyd’s Rep. IR 227; [2009] 1 All ER (Comm) 1137 Alistair Schaff Q.C. and Simon Kerr – Reinsurance – Conflict of laws – Dispute between reinsured and excess of loss reinsurers in arbitration in the US – Further dispute between excess of loss reinsurers and quota share reinsurers – QS reinsurers commencing judicial proceedings […]

[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.

[2008] Lloyd’s Rep IR 79, [2007] 2 All ER (Comm) 947 Sioban Healy and Michael Holmes – whether professional indemnity policy provided cover for design and build contracts. Insurance (professional indemnity) – Policy covering professional indemnity risks but excluding supply and construction risks – Assured entering into design and build contract – Whether policy covered […]

[2009] Lloyd’s Rep IR 158; [2008] 2 All ER (Comm) 976 Alistair Schaff QC led Rebecca Sabben-Clare in Reinsurance matter – Slip scratched for Construction/Erection and Operational Risks – Condition for extension of coverage running from date of commissioning of final building and for operational risks inserted subject to approval by reinsurers – Condition later […]

[2009] Lloyd’s Rep IR 27 Richard Southern Q.C. was Counsel for the claimant, a bailee of goods, against its insurance broker; the claim was pursued to a successful judgment. Insurance broker – Policy placed for bailee – Policy covering losses only where bailee faced liability for goods – Whether brokers in breach of duty – […]

[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.

[2008] Lloyd’s Rep IR 221, [2007] Lloyd’s Rep IR 451, [2007] 4 All ER 791, [2007] 2 All ER (Comm) 1172 Christopher Butcher QC Insurance (motor) – Subrogation – Assured’s vehicle damaged by third party – Assured’s insurers paying for cost of hiring replacement vehicle – Insurers seeking to recover sum paid from third party […]

[2008] 1 All ER (Comm) 385; [2007] 2 All ER (Comm) 149; [2007] 2 Lloyd’s Rep. 622 Dominic Kendrick QC and Charles Holroyd – Bill of lading – Forged bills – Misdelivery – Whether shipowners entitled to rely on limitation provisions in bill of lading and Hague/Hague-Visby Rules – Whether cargo owners entitled to recover […]

[2008] 1 Lloyd’s Rep 216 Timothy Saloman QC and Gavin Geary acted in this Insurance (after the event) matter – Agency – Defendant authorised to conduct run-off on behalf of claimant – Claimant terminating agency alleging breach of contract and breach of duty – Whether claimant entitled to temporary injunction restraining defendant from conducting run-off.

[2008] Lloyd’s Rep. IR 182 David Bailey Q.C. and Jawdat Khurshid – ATE insurance Insurance (after the event) – Bank lending money to claimants to fund premium for ATE insurance – Binding authority issued by underwriters to operator of scheme for issue of certificates of insurance to claimants – Policies assigned to bank – Whether […]

David Edwards Q.C. and Andrew Wales were involved in a dispute relating to mechanical breakdown / damage to A1 grand prix cars – Settled before Trial

[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 […]

[2007] EWHC 1150 (Comm) Richard Southern Q.C. leading Charles Holroyd; and Robert Bright Q.C were involved in a claim against insurers and brokers on a programme of contract frustration indemnity insurance.

[2007] 1 Lloyd’s Rep. 528; [2007] 2 All ER (Comm) 672 Christopher Butcher QC and Alexander MacDonald conducted a case concerning a challenge to an expert determination made as to the premium payable in connection with the reinsurance by Halifax Life of The Equitable Life’s unit linked and non-profit business.

[2007] 1 Lloyd’s Rep. 391; [2005] 2 Lloyd’s Rep. 257; [2007] 1 All ER (Comm) 794; [2005] 2 All ER (Comm) 240 Timothy Brenton Q.C. and David Bailey – This matter arose out of a collision between a vessel and a jetty in Italy. At the interlocutory stage the matter went to the House of […]

[2007] Lloyd’s Rep IR 359 Richard Southern Q.C. and Stephen Phillips – Reinsurance – Reinsured entering into agreement with assured to pay proportion of claims – Agreement based on terms of market agreement not involving the reinsured – Without prejudice privilege – Whether offers by reinsurers to settle were admissible in evidence – Whether settlement […]

[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 […]

[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 […]

[2007] 1 Lloyds Rep 280; [2007] 1 All ER (Comm) 183 Timothy Brenton Q.C. and David Bailey Q.C. represented the claimants – War risk insurance; total loss; incorporation of arbitration clause. Arbitration – Jurisdiction and error of law – P&I Association Rules – Arbitration clause contained in Rules – Whether arbitration clause incorporated into contract […]

[2007] Lloyd’s Rep IR 32; [2006] 4 All ER 1153; [2006] 2 All ER (Comm) 943; [2006] 1 WLR 2863; [2005] Lloyd’s Rep IR 303; [2005] 2 All ER (Comm) 65; [2004] 2 All ER (Comm) 28 Christopher Butcher Q.C. and David Edwards Q.C. acted in this matter where administrators were seeking to recover from […]

[2006] 1 WLR 2863, [2004] 2 All ER (Comm) 28 Christopher Butcher QC and David Edwards QC – Insolvency – Administration order – Debts or liabilities incurred by administrator – Insurance policy entered into by company in respect of asbestos liability – Claims-handling rights transferred to insurers on subsequent appointment of administrators – Whether claims-handling […]

[2006] 2 Lloyd’s Rep. 263 Stephen Phillips – Arbitration – Jurisdiction – Business of insurance companies transferred to third party – Disputes arising under reinsurance agreement – Arbitration proceedings against reinsurers commenced in name of insurance companies rather than that of third party – Whether proceedings a nullity.

[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.

[2007] 1 WLR 797; [2006] Lloyd’s Rep. IR 779; [2006] 2 All ER (Comm) 704 Christopher Butcher QC led Sioban Healy successful respondent insurance company in establishing that there was no rule of law that a repudiation by an insurer of liability on a ground unconnected with compliance by the insured with the claim notification […]

[2007] 1 Lloyd’s Rep 451 Christopher Butcher QC – Insurance (motor) – Claimant’s policy covering costs of hiring replacement car – Whether defendant liable to indemnify claimant for hire charges.

[2006] 2 Lloyd’s Rep. 110 Stephen Kenny acted (ultimately unsuccessfully) for claimants seeking to sustain English jurisdiction in relation to a claim of non-liability by a French road transport operator. Conflict of laws – Jurisdiction – Carriage of goods by road – Consignment of mobile phones stolen en route from Paris to Calais for subsequent […]

[2006] 2 Lloyd’s Rep. 446; [2006] 2 All ER (Comm) 400 David Edwards – Insurance – Jurisdiction – Claimant insured by Zambian insurers under policy subject to exclusive Zambian jurisdiction and by English insurers under policy subject to exclusive English jurisdiction – Whether Zambian insurers should be co-defendants to proceedings against English insurers – Whether […]

[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 […]

[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 […]

[2006] Lloyd’s Rep. IR 704; [2006] 1 All ER (Comm) 665 Dominic Kendrick Q.C. and David Bailey acted in loss of a vessel through fire and the construction of a marine insurance warranty. The true factual position with regard to the crewing of the Vessel at any particular time Insurance (marine) – Yacht insured against […]

[2007] Lloyd’s Rep IR 186; [2006] 1 Lloyd’s Rep. 500 Alistair Schaff Q.C. and Simon Kerr – The decision of Aikens J in Enterprise Oil Limited v. Strand Insurance Co Ltd confirms that what is required for recovery under a liability insurance policy is actual liability to a third party in at least the amount […]

[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 […]

[2006] Lloyd’s Rep IR 370 Christopher Butcher QC – Reinsurance – Settlement agreements reached by reinsured – Whether agreements contravened terms of reinsurance – Claims handling rights – Obtaining information – Whether breach of authorisation requirement under Financial Services and Markets Act 2000, section 19 – Whether appropriate for court to exercise jurisdiction to issue […]

[2006] 2 Lloyd’s Rep. 129, [2006] 1 All ER (Comm) 375, [2005] 2 Lloyd’s Rep. 735 David Edwards and Rebecca Sabben-Clare were involved in a series of disputes concerning payment of brokerage on personal accident and medical accident business Reinsurance – Broker – Entitlement to commission – Premium paid by way of deposit premium with […]

[2006] 2 All ER 610 Christopher Butcher Q.C. and David Bailey – After the Event insurance Consumer Credit – Agreement – Form and content of agreement – Cancellation notice – Claims management scheme including credit agreement and insurance policy – Requirement that notice of cancellation of credit agreement omit statement that notice not affecting contract […]

[2006] Lloyd’s Rep. IR 409; [2007] 1 Lloyd’s Rep 142 Alistair Schaff QC led David Edwards; Christopher Butcher QC led Stephen Kenny; and Andrew Wales were involved in this case which concerned the scope of coverage of an English law reinsurance contract, covering an underlying English law policy containing a US service of suit clause […]

[2005] 2 Lloyd’s 769 Stephen Kenny acted for claimants asserting that a claim under a general average guarantee given by European insurers was subject to English jurisdiction. Insurance (marine) – Conflict of laws – Jurisdiction – Insurers subscribing to average guarantee – Payment to be either to cargo owners or to average adjusters – Demand […]

[2006] Lloyd’s Rep. IR 646; [2005] 2 All ER (Comm) 301 David Bailey acted for the Claimants in this Reinsurance- negative declaratory relief – Jurisdiction – Article 5 of Jurisdiction Regulation Insurance (marine war risks) – Conflict of laws – Vessel becoming constructive total loss – War risks insurers refusing to make payment – Insurers […]

[2006] Lloyd’s Rep IR 221, [2004] Lloyd’s Rep IR 528 Stephen Phillips acted – Reinsurance Stay Of Proceedings Amendment Application Case Management. Conflict Of Laws Jurisdiction Reinsurance Council Regulation (EC) 44/2001 Reinsurance – Conflict of laws – Stay of proceedings – Proceedings brought in Spain by assured against insurers – Proceedings brought in England by […]

[2005] Lloyd’s Rep IR 509, [2005] 1 Lloyd’s Rep. 655, [2005] Lloyd’s Rep IR 303, [2005] 2 All ER (Comm) 1, [2004] 2 All ER (Comm) 443 Christopher Butcher QC – Reinsurance – General Corporate Excess policy by Exxon and affiliates – Oil pollution following grounding of Exxon Valdez – Assureds incurring clean-up costs and […]

[2006] 1 Lloyd’s Rep. 429 (CA) Alex MacDonald successfully resisted a claim for indemnity under Art 37 of the CMR after a two-day trial. The case subsequently went to the Court of Appeal.

[2005] Lloyd’s Rep IR 490; [2005] 1 Lloyd’s Rep. 547 Stephen Kenny acted for the claimant shipowners, whose hull and machinery policy on their trading vessel “Thor II” was found by the Court to be an unvalued policy. A claim to rectify the policy failed. Insurance (marine, hull and machinery) – Constructive total loss of […]

[2005] Lloyd’s Rep IR 569 Jonathan Gaisman Q.C. led Simon Kerr – Reinsurance – Energy risks insured under Open Cover – Reinsurance issued as standing offer to subscribers to Open Cover – Whether brokers’ knowledge of loss prior to acceptance of reinsurance cover was a material fact – Whether reinsurers induced – Whether misrepresentations made […]

[2005] Lloyd’s Rep. IR 665 Sioban Healy was involved in this matter concerning Construction of condition precedent in fire insurance Insurance (fire) – Policy on hotel – Condition precedent to recovery that flues were cleaned annually and that extraction hoods were cleaned monthly – Further reasonable care condition – Fire breaking out in canopy extraction […]

[2006] 1 All ER (Comm) 675; [2005] 1 Lloyd’s Rep. 606; [2004] 1 Lloyd’s Rep. 737 Dominic Kendrick QC and Jawdat Khurshid acted in this claim in arbitration by reinsureds against whole account reinsurers in connection with a portfolio of accident and health business, the reinsureds having previously made a claim against specific reinsurers. The […]

[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).

[2004] EWHC 2682 (Comm) Alistair Schaff QC led Jawdat Khurshid in this matter involving Tort – Conspiracy to injure by unlawful means – Breach of contract – Insurance – Existence of conspiracy between employees of insurance companies.

[2005] Lloyd’s Rep I.R.231 Timothy Brenton Q.C. and Jawdat Khurshid acted for the Defendants in a Marine insurance, damage to pipe laying barge by fire. Timothy Brenton Q.C. and Jawdat Khurshid – Insurance (marine) – Conflict of laws – Exclusive jurisdiction clause nominating English courts – Action by insurers seeking negative declaratory relief by reason […]

[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 – […]

[2005] Lloyd’s Rep IR 1 Jawdat Khurshid – Insurance (directors and officers liability) – Claim brought by third parties against director – Judgment given to third parties – Appeal by director – Liability insurers seeking declaration of non-liability – Whether third parties should be joined as co-defendants – Whether insurers’ action should be stayed pending […]

[2004] 2 Lloyd’s Rep. 604, [2004] Lloyd’s Rep IR 739 Tim Kenefick – Insurance (business interruption) – Hatfield rail crash – Parts of railway network subject to gauge corner cracking subjected to emergency speed restrictions by Railtrack – Train operators suffering losses – Policy excluding coverage for wear and tear – Causation – Whether wear […]

[2005] 1 All ER (Comm) 43; [2004] Lloyd’s Rep IR 915 Julia Dias acted in this matter – Construction of hold-up / robbery limit in jeweller’s block policy Insurance – Contract of insurance – Construction of terms – Lloyd’s jewellers’ block policy – Special conditions – Hold-up or robbery limit clause – Director of assured […]

[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 […]

[2005] 1 Lloyd’s Rep 597 Gavin Geary – Reinsurance – Marine – Placing broker paying premium to reinsurers – Claim by placing broker against producing broker and reinsured for reimbursement – Running of time for making of claim – Whether action accrued when risk incepted or at end of 90-day credit period granted by reinsurers […]

2003] EWHC 1771 and [2004] EWCA Tim acted for the National Express Group in the Commercial Court and the Court of Appeal, in a dispute with their business interruption insurers arising from the Hatfield rail crash.

[2005] Lloyd’s Rep. IR 423 David Edwards acted for Spanish insurers of the football club Atletico de Madrid in court proceedings against their London market reinsurers. Athletico Madrid insured the club against the risk of relegation. Reinsurance – Direct policy against loss of television rights in event that Spanish football team was relegated from Spanish […]

[2004] 1 Lloyd’s Rep IR 690 Dominic Kendrick QC and Alexander MacDonald successfully resisted a reverse summary judgment application brought by the insurer. The case concerned (amongst other things) allegations of fraudulent claim under policy of marine insurance, and questions of causation of loss. The case concerned the significance of a back-dated surveyors certificate in […]

[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 […]

Gavin Kealey Q.C and Alexander MacDonald acted in an arbitration between insured and various London Market insurers (2002-2004): Acting for US insured under a product liability policy (governed by New York law) in respect of losses arising out of the US silicone gel breast implant litigation.

[2005] Lloyd’s Rep IR 99 David Bailey – Reinsurance – jurisdiction – significance of English law – related claim against the brokers – forum non conveniens Reinsurance – Conflict of laws – Forum non conveniens – Retrocession between a Canadian cedant and the London branch of the retrocessionaire – Contract made in England and governed […]

[2005] Lloyd’s Rep IR 99 David Bailey – Reinsurance – Conflict of laws – Forum non conveniens – Retrocession between a Canadian cedant and the London branch of the retrocessionaire – Contract made in England and governed by English law – Disputes as to meaning of retrocession – Service of English proceedings on cedant in […]

[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 […]

[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.

[2005] Lloyd’s Rep. IR 552 Sioban Healy acted for Respondent reinsurer applying to stay proceedings for negative declaratory relief on grounds of forum non conveniens. Reinsurance – Conflict of laws – Direct risk and reinsurance written in Venezuela and retroceded into London – Application by retrocessionaires for declaration of non-liability – Retrocession containing disputes clause […]

[2005] Lloyds Rep I.R.14 Timothy Brenton Q.C. acted in this matter involving the Operation of law and jurisdiction in context of Marine Open Cover. Insurance – Open cover – Certificates issued under Open Cover – Exclusive jurisdiction clause – Clause providing for Swiss law and practice but giving the party who had title to goods […]

[2004] Lloyd’s Rep IR 537, [2004] 2 All ER (Comm) 244, [2004] 1 All ER (Comm) 508 In both the Commercial Court and the Court of Appeal, Jim represented (led by the then Julian Flaux QC) reinsurers in a dispute as to the proper construction of a claims co-operation clause in a reinsurance contract. Reinsurance […]

[2004] 2 Lloyd’s Rep. 438; [2004] 1 All ER (Comm) 753 Stephen Hofmeyr QC – Arbitration – Binding authority between underwriters and Lloyd’s broker – Agreement containing inspection clause – Broker refusing inspection – Underwriters commencing arbitration and seeking mandatory injunction from Court ordering inspection – Jurisdiction of Court to make order – Whether order […]

[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 […]

[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]

[2004] Lloyd’s Rep IR 622 David Edwards – Insurance – Asbestos claims – Assured becoming insolvent – Claims against liability insurers under Third Parties (Rights against Insurers) Act 1930 – Effect of policy excess – Whether claims clauses to be disregarded on basis that rights of third parties were altered

[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]

[2004] Lloyd’s Rep. IR 446 Alistair Schaff Q.C. acted for the successful insurers on an appeal from the Court of Appeal of Trinidad and Tobago to the Privy Council in a case which upheld the insurers’ right to rely on timebar and claims co-operation conditions to deny liability for a claim on fire policies. Insurance […]

[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 […]

[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.

[2004] Lloyd’s Rep IR 373, [2004] 1 All ER (Comm) 114 Richard Waller – Reinsurance – Three-year contract – Annual review clause allowing new premium to be charged in event of “exceptional claims development” – Construction of review clause – Method by which review clause could be invoked – Need for notice by reinsurers – […]

[2005] 1 Lloyd’s Rep. 597, [2005] 1 All ER 225, [2004] Lloyd’s Rep IR 905, [2004] 1 Lloyd’s Rep. 495, [2004] 1 WLR 2820 Jonathan Gaisman QC and Gavin Geary – Reinsurance (marine) – Broker – Payment of premium – Placing broker paying premium to underwriters – Whether obligation to indemnify owed by producing broker […]

[2004] 1 All ER (Comm) 1 Tim Kenefick – Negligence – Duty to take care – Existence of duty – Bank – Claimant underwriters authorising agent to underwrite insurance on their behalf – Authority requiring operation of separate client account – Bank issuing letter describing account as ‘client account’ – Bank and agent entering into […]

[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 […]

[2003] 2 Lloyd’s Rep. 617 Timothy Saloman QC – Conflict of laws – Bill of lading – Limitation of time – London arbitration clause – Cargo-owners and insurers brought action in Chinese Courts – Shipowners brought London arbitration proceedings – Cargo-owners objected to arbitrator’s jurisdiction – Chinese Courts determined that they had jurisdiction – Arbitrator […]

The Times, July 7, 2003 (QB) David Allen acted in this Fraudulent insurance claim – statutory interpretation of Access to Justice Act 1999 – whether fraudulent publicly funded claimants can receive statutory protection against enforcement of costs orders

[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 […]

[2003] Lloyd’s Rep IR 696; [2003] 2 All ER (Comm) 190 Dominc Kendrick Q.C. and Adam Fenton Q.C. acted in this case concerning the loss of Kuwaiti and a BA aircraft in the Gulf war. It is a leading CA case on aggregation of claims ‘arising out of one event’. Reinsurance (war risks) – Aggregation […]

[2003] 1 WLR 3001 David Allen – Legal aid – Costs – Order against assisted person – Claimants funded by Legal Services Commission bringing fraudulent claim – Claimants ordered to pay defendant’s costs – Whether power to make costs order against funded litigant without means – Access to Justice Act 1999 (c 22), s. 11(1)

[2003] Lloyd’s Rep. IR 432 Sioban Healy led Alexander MacDonald in this matter concerning insurance brokers’ duties regarding notifications of circumstances. Insurance (professional indemnity) – Liability of brokers – “Claims made” policy – Brokers asked to pass on claim to underwriters – Notification made under wrong policy – Underwriters refusing notification – Whether brokers in […]

[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.

[2004] Lloyd’s Rep. IR 404 Alistair Schaff Q.C. acted in this film finance case in which he represented the successful Claimant whose declining of liability on grounds of breach of warranty was upheld. Reinsurance – Film finance – Fronting – Reinsurance agreement containing warranty – No equivalent warranty in direct insurance – Reinsurance stated to […]

[2003] 2 Lloyd’s Rep. 61 David Edwards led Michael Holmes; and Andrew Wales were involved in the film finance litigation Insurance (Financial contingency) – Non-disclosure – Misrepresentation – Duty of utmost good faith – Contracts for and of insurance – Allegations of non-disclosure and misrepresentation – Whether insurers entitled to avoid or rescind contract – […]

[2004] Lloyd’s Rep IR 247 Dominic Kendrick QC and Jawdat Khurshid – Insurance (cancellation) – Cover for broadcasters of Sahara Cup cricket matches between India and Pakistan – Indian Government advising Indian Cricket Board to withdraw from matches – Coverage of policy – Whether warranty that insured would ensure that all necessary permits were obtained […]

[2003] 1 Lloyd’s Rep. 503 Richard Waller – Insurance (Cargo) – Settlement – Recovery – Cargo claim settled by underwriters – Claimants wrongly believed insured had not been paid and settled claim advanced by underwriters – Whether claimants’ settlement reasonable – Scope of claim that was settled – Whether reasonable investigation carried out – Whether […]

[2003] 1 Lloyd’s Rep. 296; [2003] 1 All ER (Comm) 277 Stephen Hofmeyr QC – Insurance (Marine) – Constructive total loss – Actual total loss – Fire discovered at purifier level in engine room – Vessel sank – Owners claimed for a CTL caused by fire and/or explosion – Whether vessel sank other than by […]

[2002] 2 All ER (Comm) 1083 Charles Priday – Maintenance of action – Champerty – Contingency fee agreement – Insurer instructing maritime claims and recovery agent – Agreement that agent’s fees to be percentage of recovered amount – Agent providing services relating or incidental to conduct of litigation by claimants’ solicitors – Whether agreement champertous.

[2002] 2 Lloyd’s Rep. 553 Sioban Healy acted in this Conflict of laws in relation to insurance policies, jurisdiction, Brussels-Lugano Convention Articles 8, 12a, 17, 22. Insurance (Marine) – Jurisdiction – Stay of proceedings – Dispute under sales contract – 22nd defendant domiciled in England – Claimant brought proceedings in England – Defendants alleged policy […]

[2002] Lloyd’s Rep IR 795, [2002] 2 Lloyd’s Rep. 581 Stephen Hofmeyr QC and Gavin Geary – Insurance (marine) – Hull and Machinery policy – Cover for fire – Underwriters refusing to insure losses caused by war risks and malicious acts – Whether loss by fire included a fire deliberately caused by a third party […]

[2003] Lloyd’s Rep IR 637; [2003] 2 All ER (Comm) 587 Dominic Kendrick Q.C., Adam Fenton and Simon Kerr acted in this matter concerning the meaning and definition of insurable interest in modern commercial insurance. Reinsurance – P & I Association – Reinsurance of Association in respect of payments to members for liability for death […]

[2002] Lloyd’s Rep IR 853; [2002] Lloyd’s Rep IR 881 Richard Southern – Reinsurance, personal accident carve out cover, jurisdiction Reinsurance – Conflict of laws – Negative declaratory relief – Forum non conveniens – Whether English law was applicable law – Whether agreement to go to arbitration

[2002] Lloyd’s Rep IR 589; [2002] 1 Lloyd’s Rep. 583; [2002] 1 All ER (Comm) 767; [2001] Lloyd’s Rep IR 327; [2000] 2 Lloyd’s Rep. 700 Alistair Schaff Q.C. and Simon Kerr acted for the successful insured who claimed under a third party liability policy in respect of liabilities for negligence and nuisance. Insurance (Third […]

[2002] 1 Lloyd’s Rep. 652, [2002] 1 All ER (Comm) 967 Stephen Phillips acted in this Marine Insurance Peril of Seizure Total Loss Proper Construction and Scope of Institute Cargo Clauses Marine insurance – Perils insured against – Seizure – Total loss – Customs officials wrongfully taking vehicles –Whether quayside ‘final place of storage’ of […]

[2002] 1 Lloyd’s Rep. 574; [2001] 2 Lloyd’s Rep 608 Timothy Saloman Q.C. led Gavin Geary on behalf of the Apellant Defendant in the Court of Appeal: Insurance (Marine) – Charterer’s liability – Declaration – Open cover – Insured claimed in respect of accident which occurred on vessel – Underwriters alleged no timely declaration made […]

[2002] Lloyd’s Rep IR 196, [2002] 1 All ER (Comm) 83 Richard WallerInsurance (liability) – Conflict of laws – Negative declaratory relief – Service outside the jurisdiction – Forum non conveniens – Worldwide policy issued in London to English parent company – Claim brought under policy in Ohio under law of Ohio – Whether contract […]

[2000] Lloyd’s Rep IR 12; [2000] Lloyd’s Rep PN 1; [2000] 1 All ER (Comm) 129 Jonathan Gaisman Q.C. and Richard Southern – House of Lords – professional negligence, insurance broking, quantification of damages Reinsurance – Insurance brokers – Non-disclosure and misrepresentations – Brokers placed plaintiffs’ excess of loss reinsurance contracts with underwriters – Arbitrators […]

[2002] Lloyd’s Rep IR 315; [2002] 2 All ER (Comm) 179; [2002] Lloyd’s Rep IR 292; [2002] 1 Lloyd’s Rep. 249; [2002] 2 Lloyd’s Rep. 72; [2002] 2 All ER (Comm) 147 Dominic Kendrick QC acted in Loss of value of a Degas masterpiece damaged by smoke in a fire. This case raised basic problems […]

[2001] 2 Lloyd’s Rep 483; [2001] 1 All ER (Comm) 719 Christopher Butcher, David Edwards, Simon Picken, James Drake, and Michael Holmes were involved in one of the leading cases in the film finance insurance litigation, involving various issues such as the question of whether it is possible to exclude liability for the fraud of […]

[2001] 1 WLR 112; [2001] Lloyd’s Rep IR 109; [2000] 2 All ER (Comm) 787; [2000] Lloyd’s Rep PN 795; [1999] Lloyd’s Rep PN 571; [1999] 1 All ER (Comm) 750 Adam Fenton – Limitation of action – Breach of duty – Equitable compensation – Action by company against underwriters for dishonest breach of fiduciary […]

[2002] Lloyd’s Rep IR 374 James Drake acted for defendants. The principal issues related to the nature and extent of the authority of the leading underwriter and the enforceability of an arbitration agreement in a reinsurance contract.

[2002] Lloyd’s Rep IR 230 Tim acted for the Claimants in a claim against their insurance brokers relating to the under-insurance of the Claimants’ factory, which was damaged in a fire. Insurance (property) – Insurance broker – Property undervalued at start of development work – Average Clause in policy – Fire caused partial loss – […]

[2001] 2 Lloyd’s Rep 621 David Edwards acted for a German reinsurance company successfully invoking English jurisdiction under article 5 of the Brussels Convention for a claim against a fellow member of a reinsurance pool Practice – Claim form – Application to set aside – Good arguable case – Excess of loss reinsurance and retrocession […]

[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 […]

[2002] Lloyd’s Rep IR 51, [2002] 1 All ER (Comm) 152; [2001] 2 Lloyd’s Rep. 698 Stephen Hofmeyr QC and Stephen Kenny – Insurance (marine) – Hull and machinery cover – ITC (Hulls) 1.10.83, Clauses 6 and 11 – Claim for salvage costs – Burden of proof – Proximate cause of loss – Whether loss […]

[2002] Lloyd’s Rep IR 22; [2001] 2 Lloyd’s Rep. 268; [2001] 2 All ER (Comm) 622 Adam Fenton – Reinsurance – Conflict of laws – Underlying insurance policy containing exclusive jurisdiction and mediation Clauses – Reinsurance stated to be subject to all the same terms and conditions as the insurance – Whether the exclusive jurisdiction […]

[2001] 2 Lloyd’s Rep. IR 420 Dominic Kendrick Q.C. led David Allen in this case, which arose in the wake of the collapse of the largest single UK group action, concerned the interface between London market product liability insurance and US ‘duty to defend’ type insurance.

[2001] Lloyd’s Rep. 698, 719, [2002] 2 Lloyd’s Rep. 238 Stephen Hofmeyr Q.C. and Stephen Kenny acted for the claimant shipowners, who recovered their salvage payments from hull and machinery underwriters. The judge also awarded enhanced interest and indemnity costs under CPR Part 36. Practice – Procedure – Evidence – Perils insured against – Vessel […]

[2001] 2 Lloyd’s Rep. 378 Jonathan Gaisman Q.C. and Rebecca Sabben-Clare for the Claimants. Insurance (Marine) – Non-disclosure – Total loss of vessel – Insurers alleged failure to disclose connection with Russian magnate – Enhanced risk to vessel – Whether assured failed to disclose material circumstances. Insurance (marine) – Utmost good faith – Assured company […]

[2001] 1 Lloyd’s Rep. 490; [2001] 1 All ER (Comm) 883 Robert Bright – Carriage by road – CMR – Article 31 – Construction – Claimant contracting carrier for carriage of consignment of whisky from Scotland to Vienna – Defendant claimant’s sub-contractors – Whisky stolen – Claimant sought indemnity or contribution from defendant – Defendant […]

[2001] 1 All ER (Comm) 449, [2001] 2 All ER (Comm) 741 Stephen Phillips acted in this Court of Appeal Dispute as to proper meaning of dispute resolution clause Arbitration Third Parties (Rights Against Insurers) Act 1930 Arbitration – Agreement – Arbitration clause – Scope – Clause in contract providing for disputes to be referred […]

[2003] 1 AC 469; [2001] 1 All ER (Comm) 193; [2001] 2 WLR 170 Stephen Hofmeyr QC – Marine insurance – Contract of marine insurance – Disclosure – Duty to disclose – Duty of utmost good faith – Scope of pre-contract duty to disclose – Whether shipowners under a continuing duty of utmost good faith […]

[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 […]

[2001] Lloyd’s Rep IR 179, [2001] 1 Lloyd’s Rep. 1, [2000] 2 Lloyd’s Rep. 250, [2001] 1 All ER (Comm) 28, [2000] 2 All ER (Comm) 163, 11 Rebecca Sabben-Clare – Reinsurance – Retrocession – Meaning of “one occurrence” – Whether aggregating provision – Whether losses occurring at different locations and at different times could […]

[2000] 2 Lloyd’s Rep. 575; [2000] 1 Lloyd’s Rep. 8 Alistair Schaff QC and Adam Fenton – General average – Non-separation agreement – Construction – Bigham clause – Vessel carrying cargo of oil from Saudi Arabia to Rotterdam – Vessel encountered severe weather and hydraulic steering pumps became heavily damaged – Vessel diverted to port […]

[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 […]

[2000] 2 Lloyd’s Rep. 418 Sioban Healy acted in this Jurisdiction/forum conveniens where underwriters have registered to do business overseas. Practice – Jurisdiction – Application to set aside – Forum non conveniens – Application for negative declaratory relief – Proceedings commenced in Canada – Whether Canada more appropriate forum – Whether English action should be […]

[2001] Lloyd’s Rep IR 374 David Bailey – Insurance – explosion – proximate cause – whether property damage caused by tephra – indemnity costs Insurance (householders) – Proximate cause – Policy insuring against explosion – Volcano erupting on Montserrat – Tephra including ash deposited on property – Property suffering deposit and corrosion damage – Whether […]

[2001] 2 Lloyd’s Rep. 602 Stephen Hofmeyr – Insurance (Marine) – Charterer’s liability – Declaration – Open cover – Insured claimed in respect of accident which occurred on vessel – Underwriters alleged no timely declaration made in respect of vessel – Whether contract of liability insurance came into effect when vessel chartered by insured

[2001] Lloyd’s Rep IR 553; [2000] 2 Lloyd’s Rep. 102 Jonathan Gaisman QC and Rebecca Sabben-Clare – Practice – Anti-suit injunction – Declaratory relief – Collision in Atlantic – Action brought in Louisiana – Insurers applied for anti-suit injunction and declaratory relief – Consideration of exclusive jurisdiction and English proper law clauses – Whether claim […]

[2000] 2 Lloyd’s Rep. 255 Robert Bright – Carriage by sea – Unseaworthiness – Due diligence – Undeclared and dangerous cargo – Explosion caused fire on deck and vessel sank – Whether explosion caused by undeclared and dangerous cargo – Whether stowage of cargo below deck rendered vessel unseaworthy – Whether shipowners exercised due diligence […]

[2000] 1 Lloyd’s Rep. 367 David Edwards acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects Shipbuilding contract – Exemption clause – Construction – Builders contracted to build three bulk carriers for buyers – Guarantee period expired – Allegations of defects in erection […]

[2000] 1 Lloyd’s Rep. 316 David Edwards acted for Harding Maughan Hambly in a dispute between producing and placing brokers about payment of commission on a political risks placement Insurance brokers – Commission – Entitlement – Placing of political risks insurance in London market – Agreement between placing brokers as to split in commission – […]

[2000] Lloyd’s Rep IR 293; [2000] 1 Lloyd’s Rep. 316; [2000] 1 All ER (Comm) 225 David Edwards – Insurance broker – Entitlement to commission – Sub-broker appointed by broker in chain of brokers to place risk – Appointed sub-broker nominating another broker to place the risk – Whether agreement between all brokers to share […]

[2000] Lloyd’s Rep IR 439; [1999] 1 Lloyd’s Rep. 803; [1996] 1 Lloyd’s Rep 664 Jonathan Gaisman Q.C. led Stephen Phillips – Insurance (aviation) – Loss of fifteen aircraft and spares following invasion of Kuwait by Iraq – Eight aircraft recovered – Whether value of recovered aircraft to be apportioned between insurers and insureds – […]

[2000] Lloyd’s Rep IR 524 Jonathan Gaisman QC and David Bailey – Fidelity Insurance – discovery of fraudulent acts and limitation Insurance (fidelity guarantee policy) – Limitation of actions – Limitation Act 1980, section 5 – Policy covering fraudulent acts if discovered within twenty-four months – Whether limitation period arose on occurrence of fraudulent act […]

(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.

[2000] Lloyd’s Rep IR 125 Gavin Geary – Insurance (fire) – Brokers appointing loss adjusters and passing on interim payments from insurers – Insurers subsequently discovering apparent basis for avoiding liability – Whether brokers were agents of insurers or assured – Whether insurers had waived breach of duty.

[1999] 2 All ER (Comm) 961 Christopher Butcher – Arbitration – Award – Interest – Interest as from date of award – Arbitrators dismissing claims brought by reinsureds against reinsurers – Arbitrators making costs award in favour of reinsurers but not providing for interest on sums outstanding after due date – Reinsureds failing to pay […]

The Times, 7th September 1999 David Allen was involved in this matter concerning whether a Claimant could recover damages following tortious damage in circumstances where the loss claimed occurred as a consequence of non negligent but incorrect professional advice given to the victim of the tort as a consequence of the tort

[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 – […]

[1999] Lloyd’s Rep IR 516 Jonathan Gaisman QC and Robert Bright – Insurance (professional indemnity) – Operative clause applying to allegations against the assured – Cover for negligence and fraud – Dishonesty exclusion where assured could reasonably have discovered dishonesty on the part of employees – Compromise agreement entered into by assured – Whether policy […]

[2000] Lloyd’s Rep IR 81; [1999] 2 All ER (Comm) 123 Dominic Kendrick QC Christopher Butcher – Insurance (Loss of profits) – Primary policy containing “one show deductible” – Deductible buy-back policy applicable only where primary insurers not liable by virtue of deductible – Concert cancelled due to ill-health – Rescheduling of concert causing cancellation […]

[1999] 2 Lloyd’s Rep 227 Dominic Kendrick Q.C. and David Bailey acted in a brokers commission on ship sales – Sale of ship – Contract – Binding contract – Negotiations for proposed sale of tanker – Whether negotiations resulted in binding contract of sale.

[2000] 1 BCLC 19 Richard Southern acted in this fraud dispute between promoters over ownership of shares in Hever golf club, and legality of sale agreement under Financial Services Act. Companies – Shares – Transfer Of Shares – Shares Improperly Transferred – Damages

[1999] Lloyd’s Rep IR 410; [1999] 1 All ER (Comm) 334 Adam Fenton – Insurance (marine) – Dry dock – Underwriters requiring condition survey and towage fitness survey – Surveyor carrying out only towage fitness survey – Meaning of condition survey – Whether breach of warranty – Whether towage fitness survey carried out – Whether […]

[1999] Lloyd’s Rep IR 98 Robert Bright – Professional indemnity insurance – Operative clause applying to allegations against the assured – Cover for negligence and for fraud – Fraud exclusion where assured could reasonably have discovered fraud – Compromise agreement entered into by assured – Whether policy responded to allegations or whether proximate cause of […]

[1999] Lloyd’s Rep IR 93; [1999] 2 AC 127; [1999] 1 All ER 289; [1999] 2 WLR 134; [1998] 1 WLR 1049; [1998] 3 All ER 418 Richard Southern – Contingency insurance – Brussels Convention 1968, Section 3 – Action by assured on policy – Counterclaim by insurers for fraud and avoidance of policy – […]

[2001] Lloyd’s Rep IR 172 Richard Southern – Insurance (liability) – Conflict of laws – Anti-suit injunction – Applicable law – Whether pursuit of foreign proceedings vexatious or oppressive.

[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).

[1999] Lloyd’s Rep IR 289 Dominic Kendrick QC led Jawdat Khurshid in these Commercial Court proceedings concerning the cancellation of a concert by Placido Domingo in Lisbon due to the illness of the performer’s mother. Insurance (contingency) – Policy against risk of cancellation of concerts – Policy purporting to incorporate standard liability wording and Lloyd’s […]

[1999] 1 Lloyd’s Rep.176 Charles Priday acted in this Leading case on the effect of the New York Produce Exchange Inter Club Agreement Charter-party (Time) – Inter-Club agreement – Condition precedent – Carriage of goods from Far East and U.S.A. – Bills of lading issued by charterers – Cargo interests’ claims settled by charterers – […]

[1999] 1 Lloyd’s Rep. 506 Richard Waller – Contract – Breach – Contributory negligence – First defendant sub-contracted sprinkler work for plaintiffs to second defendants – Second defendants failed to shut off water supply causing damage to plaintiffs’ property – Whether plaintiffs contributorily negligent – Whether first defendant owed parallel duty of care in tort […]

[1999] 1 Lloyd’s Rep. 201; [1999] 1 Lloyd’s Rep. 115 Dominic Kendrick QC, Alistair Schaff and Richard Waller were involved in this claim on a P&I letter of guarantee. Carriage by sea – Letter of undertaking – Construction – Damage to cargo – Cargo-owners claimed against demise charterers – P. & I. club gave letter […]

[1998] 2 Lloyd’s Rep. 326 Jonathan Gaisman QC and Rebecca Sabben-Clare – Insurance (Marine) – Insurance broker – Agency

[1998] Lloyd’s Rep IR 421, [1996] L.R.L.R. 265 David Bailey – Reinsurance – fs clause – proper and business like steps – time on risk Facultative reinsurance contracts – Legal liability – Excess – Construction – Terms to be implied – Reinsurance of ports liability – Damage caused by groups of individuals over 18 months […]

[1998] 2 Lloyd’s Rep. 600; [1998] 1 Lloyd’s Rep. 80; [1998] 2 All ER 434 Dominic Kendrick Q.C. and Andrew Wales acted in this case which arose out of the Exxon Valdez disaster. It is a leading authority on what must be proved by Reinsureds to recover under reinsurance in respect of foreign judgments and […]

(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.

[1998] Lloyd’s IR 377 Marine insurance – Premium – Relationship and status of broker – General rule that premium payable to broker – Broker insolvent – Agreement ousting general rule – Clear words required – Effect of payment of premium warranty, brokers cancellation clause – “Premium due and payable to [broker] at inception of risk, […]

[1998] Lloyd’s Rep IR 377 Gavin Geary – Marine insurance – Premium – Relationship and status of broker – General rule that premium payable to broker – Broker insolvent – Agreement ousting general rule – Clear words required – Effect of payment of premium warranty, brokers cancellation clause – “Premium due and payable to [broker] […]

[1998] Lloyd’s Rep IR 93 Robert Bright – Retrocession – P&I risks – Declarations – Whether properly made and accepted – Reinsured subscribing to open covers developed by brokers for insurance of marine P&I liabilities – Brokers seeking to retrocede reinsureds liabilities under those covers by declaring them under further open Marine Multi-liability Cover subscribed […]

[1999] QB 199; [1998] 3 WLR 643; [1998] 1 Lloyd’s Rep. 389 Jonathan Gaisman QC led Sioban Healy in this Insurance broker’s lien on policy or proceeds; composite insurance Insurance (Marine) – Insurance brokers – Lien – Composite insurance – Insurance placed by brokers – Owners, demise charterers and bank shown as co-assured – Proceeds […]

[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, […]

[1998] 2 Lloyd’s Rep. 632 Stephen Phillips acted in this Arbitration Incorporation and proper Construction of Clauses, Limitation of time Arbitration – Limitation of time – Arbitration clause – Fixture agreement between owners and charterers – Claims to be referred to arbitration within 30 days of completion of voyage – Whether arbitration clause part of […]

[1998] 1 Lloyd’s Rep. 459 Adam Fenton – Reinsurance – Aggregate excess of loss – Construction – Limitation of liability – Whether the reaching of the excess point was to be determined by reference to date that reinsured’s liability to pay the inwards claim was established, or the date reinsured actually paid claim – Whether […]

[1997] 2 Lloyd’s Rep. 461 Stephen Phillips acted in this Marine Insurance matter – Entitlement of brokers to retain commision following cancellation of the policy Insurance (Marine) – Insurance brokers – Commission – Title to sue – Brokers placed plaintiffs’ insurance with underwriters – 12-month policy cancelled after five months – Brokers retained part of […]

[1997] 2 All ER 929 Alistair Schaff, Stephen Hofmeyr, David Bailey, and Sioban Healy acted in a claim involving illegality and duress arising out of the first Gulf War. Marine insurance – Measure of indemnity – Suing and labouring clause – Plaintiff companies operating dredging fleet in Iraq under contract with Iraqi government – Plaintiffs […]

[1998] 1 Lloyd’s Rep. 236 Alistair Schaff and Jawdat Khurshid acted in this matter involving paint damage to submarines and issues of sue and labour Insurance (Marine) – Sue and labour – Joint or composite policies – Wilful misconduct – Contract for building of two submarines for Dutch navy – Submarines suffered debonding and cracking […]

[2003] 1 AC 469, [2001] Lloyd’s Rep IR 247, [2001] 1 Lloyd’s Rep. 389, [2001] 2 WLR 170, [2001] 1 All ER 743, [2001] 1 All ER (Comm) 193, [1997] 1 Lloyd’s Rep. 360, [1995] 1 Lloyd’s Rep. 651 Stephen Hofmeyr and Rebecca Sabben-Clare – Insurance (Marine) – Unseaworthiness – Utmost good faith – Breach […]

(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 […]

[1997] 1 Lloyd’s Rep 412 Dominic Kendrick – This was an application by the first defendants Guardian Insurance Co. Inc. of the United States Virgin Islands to stay the action brought by the plaintiffs Hogg Insurance Brokers Ltd. against the first defendants and the second and third defendants, Eagle Star Insurance Co. Ltd. and Eagle […]

[1998] 1 Lloyd’s Rep. 403 Dominic Kendrick – Negligence – Occupiers’ liability – Exclusion clause – Aircraft damaged while taking off at Luton Airport – Whether operators of Luton Airport liable – Whether exclusion clause in operators’ standard conditions offered defence – Whether proviso in exclusion clause to be construed by using same test as […]

[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 […]

[1997] 1 Lloyd’s Rep. 160 Stephen Kenny and Sioban Healy were involved in this case concerning the assertion of legal professional privilege in relation to documents created in the course of a joint investigation conducted by the owners of this vessel and its war risks insurers, following an explosion which caused her total loss. Held, […]

[1997] L.R.L.R. 65; (1997) 6 Re LR 157 Jonathan Gaisman QC – Reinsurance – Excess of loss – Insurance brokers – Authority – Winding up of reinsured – Refusal by provisional liquidator to pay excess of loss reinsurance premiums – Operation of London market settlement procedures automatically debiting brokers account in respect of premiums due […]

[1997] 1 Lloyd’s Rep. 586 Alistair Schaff – Insurance (Marine) – Actual total loss – Non-disclosure – Vessel’s destination changed from Shanghai to Huang Pu – Typhoon Koryn threatening area – Vessel proceeded away from Huang Pu and stranded on Wuzhu Zhou – Whether vessel an actual total loss – Whether defendants estopped from asserting […]

[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 […]

[1996] 2 Lloyd’s Rep. 461 Dominic Kendrick – Arbitration – Arbitrator – Appointment – Collision between plaintiffs’ vessel and another – P. & I. Club insured plaintiffs’ vessel for one fourth of collision liability – Running down clause – Claim against club – Whether parties agreed to arbitrate – Allegations of inordinate and inexcusable delay […]

[1996] LRLR 407 Rebecca Sabben-Clare – Reinsurance – Excess of loss – Aggregation of claims – Reinsurance in respect of directors, officers and employees of savings and loan institution – Savings institution collapsed – Alleged negligence against officers and directors – Insurers settled claims and claimed against reinsurers – Whether insurers could aggregate claims arising […]

[1996] LRLR 415 Dominic Kendrick – Reinsurance – Run-off – Pool records – Pool agent’s authority to handle run-off terminated – New pool agent appointed – Right to possession of pool records – Whether new pool agent handled run-off for all pool members including a dissenting minority.

[1997] LRLR 86 Dominic Kendrick – Reinsurance – Run-off – Insurance underwriting pool – Plaintiff negotiated contract with defendants – Defendants to replace plaintiffs and plaintiffs to be relieved from having to be concerned with run-off – Issues raised as to consequences of failure of pool manager to properly conduct run-off.

[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 […]

(1997) 6 Re LR 74 David Allen – Negligence – Duty of care – Asbestos – Factory owners duty – When arising

[1996] 2 Lloyds Rep.533 Timothy Brenton – Negligence – Nuisance – Rylands v. Fletcher principle – Fireworks display on Thames – Fire damage to mooring barge and passenger vessel – Source and causation of fire – Whether first defendants liable in nuisance and under principle in Rylands v. Fletcher – Whether damage to vessels caused […]

[1997] L.R.L.R. 247 and 265 Andrew Wales acted in this lead Lloyd’s long tail names action; only successful claim against Lloyd’s syndicate auditor Reinsurance – Lloyd’s litigation – Limitation of time – Contribution – Negligent underwriting – Run-off contracts and reinsurance to close contracts – Claims against managing agents, members’ agents and auditors in tort […]

[1996] 2 Lloyd’s Rep. 84 Sioban Healy acted in this Political risks matter. Insurance; reinsurance; agency Insurance (CEND) – Indemnity – Political risks – Plaintiffs lost investment in timber concession in Liberia resulting from overthrow of government by insurrectionary movement – First defendant and other insurance companies formed pool – PARIS underwrote on behalf of […]

[1996] LRLR 8 Alistair Schaff – Reinsurance – Notice of loss clause – Inspection of records – Construction – Notification of claims and inspection of relevant documents – Whether contractual inspection refused – Whether claims properly notified – Whether plaintiffs entitled to summary judgment against defendant reinsurers.

[1996] LRLR 288 Jonathan Gaisman and Stephen Phillips acted in this Lloyd’s litigation – apportionment of E&O recoveries – Pro-Rotation and Top Down Reinsurance – Lloyd’s litigation – Errors and Omissions – Indemnity – Distribution of policy moneys – Issues as to reinstatement, gap in level of cover and apportionment.

(1995) 4 Re LR 241, [1995] 2 Lloyd’s Rep. 513; [1995] 4 All ER 598; [1994] 4 All ER 385; (1994) 3 Re LR 10 Stephen Hofmeyr – Lloyd’s – Members’ agent – Duty of care to names – Members’ agent recommending name to allocate premium to high risk syndicates – Whether agent under duty […]

[1995] 2 Lloyd’s Rep. 242 Adam Fenton – Insurance (Marine) – Subrogation – Waiver – Vessel carrying cargo of naptha exploded – Cargo insurers paid cargo owners’ liability under salvage agreement and for loss of cargo – Under insurance insurer waived rights of subrogation against subsidiary or affiliate – Whether waiver extended to c.i.f. buyer […]

[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 […]

[1995] LRLR 472 Adam Fenton – Reinsurance – Contractual duty – Duty to collect claims – Lloyd’s brokers placed plaintiff’s reinsurance liabilities – Plaintiffs claimed under reinsurances 30 years later – Whether brokers under duty to collect claims and/or retain documents – Whether brokers in breach – Whether plaintiffs’ claims time barred – Whether plaintiffs […]

[1995] 2 Lloyd’s Rep. 618; [1995] 1 WLR 1281; [1995] 3 All ER 449 Adam Fenton – Reinsurance – Aggregate excess loss – Misrepresentation and non-disclosure – Whether members’ agents owed duty of care in contract or in tort to Names in relation to placing of run-off insurance – Whether in breach of such duty […]

(1996) 5 Re LR 110; [2001] Lloyd’s Rep PN 178 Limitation – Knowledge – Constructive knowledge – Claims by Lloyd’s Names in negligence in respect of losses incurred in writing US casualty business – Claims prima facie barred by six-year limitation period in Limitation Act 1980 – Whether Names could rely upon section 14A of […]

[1996] LRLR 259 Alistair Schaff – Insurance (Public Liability) – Indemnity – Negligence – Plaintiff constructing new runway – Plaintiff liable for collision between U.S. aircraft and plaintiff’s tractor – Plaintiff claimed indemnity – Whether plaintiff negligent in failing to maintain tractor in efficient and roadworthy condition – Whether defendants had to establish recklessness on […]

[1995] 1 Lloyd’s Rep. 680 Dominic Kendrick and David Allen acted in this matter involving Illegality, insurance contracts, retrospective interpretation of statute, construction of the Financial Services Act Reinsurance – Stop-loss policies – Illegality – Insurers not authorized under Insurance Companies Acts to carry on insurance business in the U.K. – Plaintiffs claimed under policies […]

[1995] 1 Lloyd’s Rep. 570 David Allen acted in this Marine Insurance case, claims by assignment. Insurance (Marine) – Cargo – Co-assured – Assignee – Damage to cargo – Cargo shipped from defendant’s refinery to ICI – Cargo contaminated – Defendants settled ICI’s claim and cargo insurance assigned to defendants – Whether defendants entitled to […]

[1995] 1 Lloyd’s Rep. 622 Adam Fenton – Insurance (Marine) – Loss of earnings insurance – Indemnity – Reefer vessel insured with defendants – Damage to generator discovered – Plaintiffs claimed under policy – Defendants alleged vessel anyway due for lay up and cover not applicable – Whether vessel waiting for appropriate employment – Whether […]

[1996] L.R.L.R. 183 Jonathan Gaisman – Lloyd’s litigation – Negligent underwriting – LMX business

[1995] 1 AC 501; (1994) 3 Re LR 101; [1994] 3 WLR 677; [1994] 2 Lloyd’s Rep. 427; [1994] 3 All ER 581 Timothy Saloman Q.C. and Simon Picken acted in the leading modern case on the test of materiality and the requirement of inducement in insurance contracts.

[1995] 2 AC 145, [1994] 3 WLR 761, [1994] 3 All ER 506 Jonathan Gaisman and Christopher Butcher – Insurance – Lloyd’s – Managing agent Insurance – Lloyd’s – Managing agent – Agency and sub-agency agreements with Names – Conduct and management of underwriting – Whether agents owing duty of care in tort – Whether […]

[1995] 2 AC 145 Jonathan Gaisman and Christopher Butcher – Lloyd’s – Managing agents – Liability of managing agents to direct and indirect names – Whether law of tort imposed any duty of care upon managing agents not to cause purely economic loss to names – Effect of “absolute discretion” conferred upon managing agents under […]

[1996] 1 Lloyd’s Rep. 614; [1995] 1 Lloyd’s Rep. 278; [1996] 2 All ER 487 Dominic Kendrick – Insurance (Business Interruption) – Consequential loss – Insurable interest – Development of building – Architects’ plans and drawings destroyed by fire – Plaintiffs claimed costs of reproducing plans and revenue lost by delay in completion – Whether […]

[1996] LRLR 156 Alistair Schaff – Reinsurance – Arbitration – Aviation quota share treaties – Marine excess of loss treaties – Reinsured claimed under treaties – Allegation that reinsured failed to operate portfolio transfer clause and made claims for non-marine losses – Whether dispute should be referred to arbitration – Whether reinsured entitled to summary […]

[1995] 2 Lloyd’s Rep. 437; [1995] CLC 180 Jonathan Gaisman QC, Adam Fenton, Stephen Phillips and Sioban Healy acted in this Lloyd’s litigation – apportionment of E&O recoveries – Pro-Rotation and Top Down

[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 […]

[1994] 1 Lloyd’s Rep. 624; [1992] 1 Lloyd’s Rep. 402 David Allen acted in this marine insurance case concerning perils of the sea. Insurance (Marine) – Perils of the sea – Vessel insured with defendants – Vessel sank while on a voyage from Greece to Belgium – Whether loss of vessel caused by perils of […]

[1992] 2 Lloyd’s Rep. 281, [1992] 2 Lloyd’s Rep. 216, [1991] 1 Lloyd’s Rep. 441, [1990] 2 Lloyd’s Rep. 154 ; [1992] 3 All ER 414; [1992] 1 WLR 887; [1991] 1 WLR 607; [1991] 3 All ER 472; [1990] 3 All ER 157; [1990] 1 WLR 1370 Stephen Hofmeyr – Damages – Insurance (Marine) […]

[1994] 2 Lloyd’s Rep. 99 leading Commercial Court decision on the effect of the Leading Underwriter Clause and the agency of leading underwriters and the following market Insurance (Marine) – Non-disclosure – Leading underwriter clause – Underwriters agreed to insure barge provided LSA approved towing and beaching arrangements – LSA refused approval of beaching arrangements […]

[1994] 1 Lloyd’s Rep. 394; [1993] 2 Lloyd’s Rep. 306 Charles Priday acted in this Court of Appeal decision on hauliers’ liability insurance and theft of cigarettes. Insurance (Carriers’ Transit) – Carriage by road – Theft of consignment – Carrier sub-contracted carriage – Sub-contractor involved in theft – Carriers claimed under policy – Whether such […]

[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 […]

[1993] 2 Lloyd’s Rep. 68 Stephen Kenny acted for the defendant underwriters. This well-known case concerned a claim on a policy of marine insurance, which the underwriters met by alleging scuttling and fraud. The Court of Appeal (after one of the longest appeals in English legal history) reversed the trial judge, finding that the vessel […]

[1993] 1 Lloyd’s Rep. 455; [1993] 3 WLR 42; [1993] QB 701; [1993] 3 All ER 897; [1992] 1 Lloyd’s Rep. 81; (1992) 1 Re LR 158 Timothy Saloman was involved in a dispute under reinsurance contracts – Allegation of illegality – Whether illegality dispute covered by arbitration clause – Whether arbitration clause severable – […]

(1993) 2 Re LR 253 Dominic Kendrick – Run-off – Pool – Reinsurance of pool members’ liabilities – Whether reinsured or reinsurer placed in direct contractual relationship with agency (pool manager) – Whether agency acted for reinsured, reinsurer or both – Whether reinsurer liable to reinsured in respect of any claim under original policies which […]

[1992] 2 Lloyd’s Rep. 207; [1991] 2 Lloyd’s Rep. 230 Robert Bright – Insurance (Professional Indemnity) – Discovery extension cover – Defendant gave notice of refusal to renew line – Plaintiffs claimed discovery extension cover – Whether such claim could only be made if all participating underwriters refused to renew

[1992] 2 Lloyd’s Rep. 528 Jonathan Gaisman – Insurance (Marine) – P. & I. risks – Application to set aside – Forum non conveniens

[1992] 2 Lloyd’s Rep. 593 Jonathan Gaisman QC – Insurance (Marine) – Excess insurance – Interest

(1993) 2 Re LR 43; [1992] 2 Lloyd’s Rep. 251 Robert Bright – Jurisdiction – Reinsurance dispute – Domicile – Place of performance – Writ issued in England by United States cedants against Greek reinsurer – Whether cedants had good arguable case that place of performance of obligation was London – Whether telex messages exchanged […]

[1992] 2 Lloyd’s Rep. 26; [1990] 2 Lloyd’s Rep. 418 Dominic Kendrick – Practice – Costs – Insurance (Marine) – War-risks – Vessel declared under established German open cover – Cover warranted German F.O.M. – Vessel struck by Exocet missile – Underwriters held not liable under policy – Brokers ordered to pay to plaintiffs their […]

(1993) 2 Re LR 111 Alistair Schaff – Aviation reinsurance – Quota share treaties – Whether quota share treaties constituted partnership – Inward excess of loss risk – Whether misrepresentation or lack of fair presentation of terms of contract to underwriter by plaintiffs existed in placing insurance risk – Dispute over way in which terms […]

[1992] 1 Lloyd’s Rep. 325; (1992) 1 Re LR 360 Jonathan Gaisman – Reinsurance – Seisin – Stay of proceedings – Jurisdiction – Seisin – Brussels Convention 1968 – Proceedings in Italy and England in disputes between reassured, reinsurers, retrocessionaires and broker arising out of reinsurance programme – – Whether English court or Italian court […]

[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 – […]

[1992] 1 AC 233; [1991] 2 WLR 1279; [1990] 2 WLR 547; [1990] 1 QB 818 [1991] 3 All ER 1; [1991] 2 Lloyd’s Rep. 191; [1989] 3 All ER 628 Stephen Kenny and David Bailey were involved in this the leading case on the effect of a breach of an insurance warranty. The insurer […]

(1992) 1 Re LR 316; [1992] 1 Lloyd’s Rep. 484 Alistair Schaff and Stephen Kenny – It was proper for an underwriter subscribing to a policy of insurance to be sued as a representative of the other subscribers, even in the absence of a “leading underwriter” clause, or other cost-sharing arrangement. Insurance (Marine) – Representative […]

[1991] 2 Lloyd’s Rep. 536 Jonathan Gaisman – Insurance (Film Producers Indemnity) – Exclusion clause – Insurance indemnified plaintiffs against loss sustained by postponement of film production

[1991] 2 Lloyd’s Rep. 546 Alistair Schaff – Insurance (Marine) – Construction – Insured vessel suffered damage in collision on July 16, 1982 – Plaintiffs claimed under policy – Underwriters alleged policy expired July 15, 1982 – Whether phrase in policy “until July 16, 1982” inclusive.

[1991] 2 Lloyd’s Rep. 638 Dominic Kendrick – Insurance Intermediary – Professional negligence – Intermediary arranged road haulier goods in transit cover – Clause in policy that no claim admitted if vehicle not individually attended – Theft of lorry and goods from plaintiffs warehouse at night – Insurers denied liability – Whether intermediary negligent in […]

(1992) 1 Re LR 25; [1991] 1 WLR 415; [1991] 2 Lloyd’s Rep. 89; [1991] 1 All ER 740 Robert Bright – Practice – Writ – Service out of jurisdiction – Contract made by foreign plaintiff through agent within jurisdiction – Whether power to order service of writ out of jurisdiction

[1991] 1 WLR 756; [1991] 3 All ER 878 Richard Southern – Practice – Witness statements – Exchange before trial – Witness statements and expert’s report directed to be served by plaintiffs on defendants – Action settled – Whether any restriction upon subsequent use of statements or report in relation to other proceedings

[1991] 2 Lloyd’s Rep. 143 Alistair Schaff – Reinsurance – Construction of slip – Defendants failed to pay any claims – Allegations of breach of premium warranty – Defendants sent demands for premiums – Whether defendants affirmed contracts – Whether defendants precluded from relying on breaches of premium warranties.

(1992) 1 Re LR 46; [1991] 1 Lloyd’s Rep. 169 Christopher Butcher and Stephen Kenny acted in this case where the Reinsureds were not precluded from recovering from reinsurers by the reason of the fact that brokers had already gratuitously “funded” the claims. Reinsurance – Insurance brokers – Reinsured claimed under reinsurance policies – Brokers […]

[1991] 1 Lloyd’s Rep. 216 Stephen Hofmeyr – Reinsurance – Construction – Total loss only and Excess loss only reinsurance contracts – Scope of TLO contract – Whether XL contract binding on defendants – Scope of XL contract.

[1991] 2 A.C. 249; [1990] 1 Q.B. 665 Jonathan Gaisman – Insurance – Duty of utmost good faith – Duty of care

[1990] 2 Q.B. 631 Jonathan Gaisman – Practice – stay of proceedings – Jurisdiction under European Convention – Contract made in England between American insurer and English company for benefit of American subsidiary – Contract containing English jurisdiction clause – Proceedings commenced in England – Effective parties domiciled in United States – Application for stay […]

[1989] 1 Lloyd’s Rep. 516 Jonathan Gaisman – Practice – Declaratory judgment – Plaintiffs claimed declaration that they were not entitled to indemnify first defendant under insurance policies

[1989] 1 Lloyd’s Rep. 331; [1989] AC 852; [1989] 2 WLR 290; [1989] 1 All ER 402; [1988] 3 WLR 565; [1988] 1 Lloyd’s Rep. 19;; [1988] 2 All ER 43; [1986] 2 All ER 488; [1986] 2 Lloyd’s Rep. 179; Adam Fenton – Reinsurance – Repudiation – Insurance brokers – Storm caused damage to […]

[1990] 1 Q.B. 1078 Jonathan Gaisman – Practice – Writ – Service out of jurisdiction

[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 […]

[1989] 2 Lloyd’s Rep. 33 Stephen Kenny acted in this scuttling case concerning the inferences to be drawn from the fact (unchallenged in the Court of Appeal) that a vessel had been deliberately cast away. The beneficial owner of the vessel had died between the date of the loss of his ship and the date […]

[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 – […]

[1989] 2 Lloyd’s Rep. 51 Jonathan Gaisman – Charter-party (Time) – Inter-Club Agreement – Implied indemnity – Receivers claimed in respect of damage to cargo

[1988] 2 Lloyd’s Rep. 281 Dominic Kendrick – Insurance (Jewellers’ Block Policy) – Theft – Jewellers’ stock case disappeared – Whether loss occurred while travelling representative paying for petrol – Whether loss within policy – Whether vehicle unattended – Whether insurers liable under policy

[1988] 2 Lloyd’s Rep. 63 Jonathan Gaisman – Reinsurance – Stay of action – Arbitration clause

[1987] 1 Lloyd’s Rep. 471 Adam Fenton – Insurance (Marine) – Construction – Leading underwriter clause – Leading underwriter authorized bindingly to agree certain amendments to policy – Endorsements including inter alia one extending period of insurance signed by leading underwriter only – Vessel a constructive total loss – Whether following underwriters liable – Whether […]

[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.

[1987] 1 Lloyd’s Rep. 315 Dominic Kendrick – Practice – Reinsurance – Application to set aside – Whether reinsurance contracts made within the jurisdiction – Whether contracts governed by English law – Whether discretion should be exercised in favour of plaintiffs – Whether application to set aside should be granted

[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.

[1987] QB 103; [1986] 3 WLR 515; [1986] 2 All ER 845 Dominic Kendrick – Evidence – Foreign tribunal, for – Examination of witnesses – Letters rogatory – Request by foreign court for recording of examination on videotape – Whether compatible with English procedures

[1986] 1 Lloyd’s Rep. 29; [1985] 1 WLR 1359; [1986] 1 All ER 69 Dominic Kendrick – Practice – Security for costs – Third party application – Whether Court had jurisdiction to order plaintiffs to give security for costs of third party

[1986] 1 Lloyd’s Rep. 195 Jonthan Gaisman – Insurance (Marine) – Insurance brokers – Insurance placed by brokers inter alia on Italian market through Italian company

[1985] 2 Lloyd’s Rep. 428 Jonathan Gaisman – Practice – Jurisdiction – Marine insurance

[1986] 1 Lloyd’s Rep. 8 Timothy Saloman – Practice – Documents – Reinsurance – Subpoena duces tecum and subpoena ad testificandum served by defendants on Department of Trade and official requiring production of documents – Whether documents ought to be ordered to be produced – Whether official should give evidence – Whether Department and official […]

[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.

[1984] 1 Lloyd’s Rep. 272; [1982] 2 Lloyd’s Rep. 493 Jonathan Gaisman – Insurance (Aviation) – Reinsurance – Slip policy

[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 […]

[1981] 1 Lloyd’s Rep. 54 Timothy Saloman – Insurance (Marine) – Protection and indemnity risks – Owners assigned benefits of all insurances to bank – Vessel sank – Whether club could set off amount due in respect of calls against any amount due from club – Whether notice of assignment and notice of default given […]

[1979] 2 Lloyd’s Rep. 1; [1979] 1 Lloyd’s Rep. 55; [1979] 1 Lloyd’s Rep. 17 Timothy Saloman – Insurance (Marine) – Scuttling – Total loss of vessel – Owners claimed for loss by perils of the seas – Whether claim fraudulent – Claim for loss by barratry – Whether vessel deliberately sunk with knowledge and […]