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Manifest Shipping Co Ltd -v- Uni-Polaris Shipping Co Ltd and others

18th Jan 2001

[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 to disclose information material to the claim after commencement of litigation
Marine insurance – Loss – Indemnity – Constructive total loss attributable to unseaworthiness – Insurer’s liability excluded when ship sent to sea in unseaworthy state with privity of the assured – Meaning of privity – Degree of knowledge necessary – ‘Blind-eye’ knowledge – Whether gross negligence sufficient to establish ‘blind-eye’ knowledge

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