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Rank Enterprises -v- Gerard

27th Jan 2000

[2000] 1 Lloyd’s Rep. 403, [1999] 2 Lloyd’s Rep 666

David Bailey QC – Sale of ship – construction of MOA – claims against the ship – aggregate financial limits

Sale of ship – Guarantee – Norwegian Sale form – Clause 9 – Construction – Meaning of words “should any claims which have been incurred prior to time of delivery be made against the vessel” – Whether “claims made against the vessel” required commencement of proceedings in rem – Whether ownership claims within cl. 9 – Whether time limit in guarantee applied to date when claim made or date when loss sustained – Whether financial limits applied per claim or overall.

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