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Jan de Nul -v- Axa Royale Belge

31st Jan 2002

[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 party liability) – Negligence – Nuisance – Public nuisance – Capital dredging operations in Southampton Water – Silt deposited in estuary – Occupiers of property lying along estuary required claimants to carry out remedial works to remove silt – Whether claimants incurred any legal liability to those claimants in negligence, nuisance and public nuisance – Whether claimants could recover under policy costs incurred in removal of silt.