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Virtually all members of 7KBW have formidable experience in insurance and reinsurance. Many have been involved in cases that are at the cutting edge of developments in insurance law, and some have also been heavily involved in recent statutory amendments to the law. Members act for insureds and insurers, and for reinsureds and reinsurers, both in the Lloyds’ and companies’ markets and worldwide. Senior members regularly act in arbitrations, both in England and overseas, and both as counsel and as arbitrators in ICC, LCIA and other arbitrations.
The members of 7KBW practise in all areas of insurance law, including the following areas amongst others:
Expertise in reinsurance covers all types of facultative and treaty, proportional and excess of loss re-insurance. Members have been involved in most of the high-profile insurance and reinsurance market disputes over the last decades, including cases arising out of:
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Clive Freedman QC
Dominic Kendrick QC
Timothy Brenton QC
Alistair Schaff QC
Stephen Hofmeyr QC
Christopher Butcher QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
Julia Dias QC
David Allen QC
S J Phillips QC
Siobán Healy QC
James Drake QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Charles Priday
Gavin Geary
Jawdat Khurshid
Timothy Kenefick
John Bignall
Charles Holroyd
Simon Kerr
James Brocklebank
Michael Holmes
Benjamin Parker
Anna Gotts
Alexander MacDonald
Josephine Higgs
Jessica Sutherland
Marcus Mander
N G Casey
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 […]
March 22, 2017[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 […]
February 16, 2017[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 […]
January 25, 2017[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 […]
August 1, 2016On 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 […]
May 17, 2016Orb 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 […]
April 15, 2016The 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”) […]
April 14, 2016ARC 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 […]
January 29, 2016The 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 […]
August 10, 2015The 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 […]
July 7, 2015Mr. 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 […]
April 23, 2015[2015] EWHC 42 (Comm) On 5th-6th July 2011, the vessel Brillante Virtuoso was taken by pirates off the coast of Aden, Yemen. The pirates ordered the vessel to proceed to Somalia, but after the vessel’s main engine stopped and could not be restarted, the pirates detonated an incendiary device in the vessel’s engine room. The […]
January 15, 2015In this important decision of the Court of Appeal concerning the doctrine of subrogation and the construction of professional indemnity policies, both sides were represented by counsel from 7 King’s Bench Walk. The dispute arose under a policy of professional liability insurance issued to Rathbone Brothers Plc (“Rathbone”), their subsidiaries and insured persons. Claims had […]
November 14, 2014[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.
November 12, 2014On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after sailing into Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel claimed against the shipowner and in some cases also against the shipowner’s cargo liability insurer, Oriental. Oriental had […]
August 7, 2014Although 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 […]
June 27, 2014Alistair 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 […]
February 14, 2014The 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 […]
December 20, 2013On 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 […]
December 20, 2013In 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.
December 16, 2013The Court determined a number of issues about the nature and effect of a policy of professional liability insurance. The policy was issued by London underwriters in favour of Rathbone Brothers plc (“Rathbones”), their subsidiaries and “insured persons”, who were defined by the policy to include employees of an insured company employed in the performance […]
November 12, 2013In 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 […]
October 23, 2013On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after she sailed into the midst of Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel brought claims against the owner of the vessel and in some cases also directly […]
August 1, 2013On 14-15 February 2009, the vessel NANCY was totally lost by fire at Nakhodka, Russia, near the Sea of Japan. The owner of the vessel claimed an indemnity under a marine insurance policy from their hull insurer for the constructive total loss of the vessel. The insurer declined the claim and sought to avoid the […]
July 22, 2013Tim 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 […]
May 10, 2013Astrazeneca 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 […]
February 28, 2013Astrazeneca 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 […]
February 28, 2013In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]
October 17, 2012In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]
October 17, 2012Cargo liability reinsurance; typhoon warranty; case management stay.
October 5, 2012These 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 […]
June 25, 2012The 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.
June 15, 2012£100m claim under a professional indemnity policy.
April 10, 2012James 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 […]
January 16, 2012In 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. […]
November 28, 2011[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.
November 24, 2011Dominic 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.
June 24, 2011On 7th April 2011, Arash Shipping commenced proceedings against Groupama Transport. Those proceedings raised two principal issues, namely: Whether the automatic extension of the policy of marine insurance issued by Groupama Transport in respect of 5 fleets of vessels was not prohibited by Council Regulation (EU) No 961/2010 (which entered into force on 27th October […]
May 27, 2011[2011] EWCA Civ 24 Peter MacDonald Eggers and Sarah Cowey were involved in this decision – the first case involving a piracy claim under an insurance policy for more than 150 years – clarifies the law of marine insurance, piracy and total losses, and the treatment of ransom payments as a matter of English law […]
January 19, 2011Following 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 […]
November 10, 2010Richard 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 […]
October 19, 2010[2010] EWHC 2531 (Comm) Peter MacDonald Eggers acted in this matter concerning the claim for privilege in respect of documents in the case of third party fraud.
August 19, 2010[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.
March 19, 2010[2010] Lloyd’s Rep IR 1; [2009] Lloyd’s Rep IR 573 Jonathan Gaisman Q.C. and Peter MacDonald Eggers – On 17th July 2009, Mr Justice Tomlinson handed down judgment following the Phase 2 trial in the case involving the dredger “WD Fairway”. The current decision concerns the excess insurers’ entitlement to take over a vessel which […]
March 19, 2010[2010] EWHC 773 (Comm) Gavin Kealey Q.C. acted as a Deputy High Court Judge: double insurance.
December 19, 2009[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 […]
December 12, 2009On 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 […]
October 31, 2009Peter MacDonald Eggers acted in this Reinsurance matter – Hurrican Rita — Jurisdiction — Action by reinsured against reinsurer domiciled in Bermuda — Whether reinsurer should be joined to proceedings against London market reinsurers and brokers — Law applicable to reinsurance — Place of performance of reinsurers’ obligations under the reinsurance — Rome Convention 1980, […]
October 9, 2009The 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 […]
July 30, 2009On 17th July 2009, Mr Justice Tomlinson handed down judgment following the Phase 2 trial in the case involving the dredger WD Fairway. In March 2007, the vessel MSC Joanna collided with the dredger WD Fairway, causing the WD Fairway to become a constructive total loss. In April 2008, the owners’ claim for €145 million […]
July 17, 2009[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 […]
June 19, 2009Gavin 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.
June 12, 2009[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. […]
May 19, 20092009 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.
February 19, 2009[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 […]
December 19, 2008[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, […]
November 19, 2008On 12th November 2008, the Court of Appeal handed down its judgment in Limit No. 2 Limited v AXA Versicherung AG. This decision has significant implications for insurance and reinsurance contracts and contracts generally. Gavin Kealey QC and Peter MacDonald Eggers, both of 7 King’s Bench Walk, instructed by Clyde and Co. acted for the […]
November 12, 2008[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 […]
June 19, 2008[2008] Lloyd’s Rep IR 454; [2007] Lloyd’s Rep IR 267 Peter MacDonald Eggers acted in this matter involving directors and officers liability risks; reinsurance; claims co-operation clause; claim relating to artificial inflation of share price under US securities legislation.
November 19, 2007[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 […]
May 19, 2007[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 […]
December 19, 2006[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 […]
October 19, 2006[2006] 1 Lloyds Rep IR 531; [2006] 2 Lloyd’s Rep. 195; [2006] 2 All ER (Comm) 751 Gavin Kealey Q.C. acted for the Respondent against the then Julian Flaux Q.C. and Peter MacDonald Eggers in undisclosed principals in insurance contracts.
June 19, 2006[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 […]
June 19, 2006[2007] Lloyd’s Rep IR 23 Peter MacDonald Eggers acted in this matter involving power station; property all risks; reinsurance; follow settlements clause; “without prejudice” settlements Reinsurance – Defendants reinsuring claimants under contract stated to be subject to same terms as original and to follow settlements – Claims made against reinsured by assured settled under a […]
January 19, 2006[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 […]
December 19, 2004[2005] Lloyd’s Rep IR 5; [2004] 2 All ER (Comm) 409 Peter MacDonald Eggers acted in this credit insurance; policy interpretation matter. Insurance (credit) – Assured providing finance for obtaining motor vehicles on credit – Assured also providing finance for consumer insurances – Whether underwriting criteria in policy to include cost of consumer insurances.
April 19, 2004[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 […]
April 19, 2004[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 […]
February 19, 2004[2004] Lloyd’s Rep IR 683; [2004] 2 All ER (Comm) 512 Alistair Schaff QC and Peter MacDonald Eggers acted in this reinsurance matter; retail shops in World Trade Center; terrorist attack; transit and stock risks; construction; annual aggregate deductible. Reinsurance – Direct policy against physical damage to retail stores – Policy containing annual aggregate retention […]
December 19, 2003[2004] 1 All ER (Comm) 444 Peter MacDonald Eggers acted in this credit insurance matter; time bar; abandonment; relation back. Particulars of claim – Amendment – Abandonment – Claim made in claim form not repeated or adopted in points of claim – Whether claim abandoned – Discretion of court.
November 19, 2003[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 […]
September 19, 2003[2004] 1 Lloyd’s Rep 389 Gavin Geary, Charles Holroyd and Peter MacDonald Eggers acted in this marine insurance matter; double insurance; insurable interest; contribution; non-disclosure; mistake. Insurance (Marine) – Two policies on vessel’s hull and machinery – Second policy cancelled after vessel became constructive total loss – Whether underwriters under first policy entitled to contribution […]
July 19, 2003[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 […]
March 19, 2003[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 […]
August 19, 2002[2002] Lloyd’s Rep IR 480 Dominic Kendrick QC and Peter MacDonald Eggers acted in this reinsurance; bankers blanket bond insurance; jurisdiction and forum convenients. Reinsurance – Conflict of laws – Jurisdiction Clause – Whether reinsurance incorporated jurisdiction Clause contained in direct policy – Effect of policy wording at variation with slip – Test for incorporation […]
June 19, 2001[2000] 1 Lloyd’s Rep. 612; [2000] 1 All ER (Comm) 940 Stephen Hofmeyr and Peter MacDonald Eggers acted in this contractors all risks insurance matter; construction of production platform, sub-sea drilling centres and pipelines in North Sea; scope of insuring clause. Insurance (Marine) – MAR form – Construction – Insurance provided in respect of Gannet […]
November 19, 2000[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 […]
July 19, 2000[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 […]
December 19, 1997[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, […]
March 19, 1997[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 […]
March 19, 1997[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 […]
May 19, 1996[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
March 19, 1994The 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 […]
March 22, 2017
[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 […]
February 16, 2017
[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 […]
January 25, 2017
Countdown to the #SJAwards 17 May. @5SAHLaw nominated for Chambers of the Year. Good luck @7KingsBenchWalk @cornerstonebarr @serjeantsinn Retweeted by 7KBW
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