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“WD Fairway” Dornoch Limited v Westminster International BV

19th Mar 2010

[2010] Lloyd’s Rep IR 1; [2009] Lloyd’s Rep IR 573

Jonathan Gaisman Q.C. and Peter MacDonald Eggers – On 17th July 2009, Mr Justice Tomlinson handed down judgment following the Phase 2 trial in the case involving the dredger “WD Fairway”.

The current decision concerns the excess insurers’ entitlement to take over a vessel which is a CTL against the background where not all of the insurers participate in the election to take over the vessel, where the vessel is sold by the assured in the meantime, and where the insurers have no property in the vessel by the law of the country in which the vessel is located. Counsel involved in the case: Jonathan Gaisman QC (leading counsel for the Fourth Defendant) and Peter MacDonald Eggers (junior counsel for the First to Third Defendants).

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