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Starlight Shipping v Allianz Marine

16th Jan 2012

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 – Insurers applying for summary enforcement of Tomlin Order and also bringing fresh actions for declaratory and other relief – Whether shipowner’s claims in Greek proceedings precluded by terms of settlement – Whether jurisdiction clause in settlement agreement to be construed as exclusive jurisdiction clause – Whether insurers entitled to summary enforcement of Tomlin Order – Whether insurer’s actions should be stayed – Whether insurers’ former solicitors entitled to be joined as parties to original action.

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