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“Vergina” Seashore Marine S.A. -v- Phoenix Assurance Plc And Others

6th Feb 2001

[2001] Lloyd’s Rep. 698, 719, [2002] 2 Lloyd’s Rep. 238

Stephen Hofmeyr Q.C. and Stephen Kenny acted for the claimant shipowners, who recovered their salvage payments from hull and machinery underwriters. The judge also awarded enhanced interest and indemnity costs under CPR Part 36.

Practice – Procedure – Evidence – Perils insured against – Vessel developed list – Salvage services rendered – Claimants alleged list caused by peril insured against – Insurers denied list so caused but advanced no positive case – Evidence to be adduced by both parties on issue as to vessel’s ballast system.