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In The London Steam-Ship Owners’ Mutual Insurance Association Ltd v (1) The Kingdom of Spain (2) The French State [2013] EWHC 3188, London Steam-Ship (the Claimant) sought an English judgment pursuant to s. 66 Arbitration Act 1996 (the Act) enforcing arbitral awards it had obtained against the Kingdom of Spain and the French State (the Defendants). …
Read More UK: France and Spain Lose State Immunity in M/T “PRESTIGE” Case

In an uncontested application in English & American Insurance Company Limited, [2013] EWHC 3360 (Ch) the High Court has confirmed that section 57 of the Trustee Act 1925 (the Act) can be used by trustees to partition a trust fund in order to allow trustees to pay one class of beneficiaries without disadvantaging a smaller class of beneficiaries. …
Read More UK: English High Court Authorises Partition of Trust Fund in Scheme of Arrangement

The case of Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2013] EWHC 3362 (Comm) concerned losses suffered by a Thai subsidiary of Tesco plc arising out of severe floods in Thailand in 2011. The Tesco subsidiary claimed for losses of approximately £125m under various insurance policies underwritten by certain ACE group companies (referred to collectively as ACE). …
Read More UK: English High Court Rules on the Application of a Follow the Settlements Clause

In Arts & Antiques Limited v Peter Richards & Towergate London Market Limited & Zurich Insurance Plc [2013] EWHC 3361 (Comm), the Court struck out claims by Arts and Antiques Limited (A&A) which sought to relitigate issues that were subject to a binding arbitration award. …
Read More UK: English High Court Denies Attempt to Relitigate Issues Already Decided in Arbitration Proceedings

In Genesis Housing Association Ltd v Liberty Syndicate Management Ltd (for and on behalf of Syndicate 4472 at Lloyd’s) [2013] EWCA Civ 117, the Court of Appeal confirmed the validity of basis of contract clauses in business insurance contracts. …
Read More UK: Court of Appeal Confirms the Validity of Basis of Contract Clauses in Business Insurance Contracts

The High Court of England and Wales has confirmed that consequential losses claimed as a free standing head of claim are not recoverable under s2(1) of the Riot (damages) Act 1886 (the “1886 Act”). …
Read More UK: High Court Confirms That Consequential Losses are Not Recoverable Under the Riot (Damages) Act 1886

In the case of Amlin Corporate Member Limited & Ors v Oriental Assurance Corporation [2013] EWHC 2380 (Comm), (we have previously reported on related proceedings here and here) the Claimant reinsurers sought a declaration that a warranty in the reinsurance contract had been breached by an insured vessel sailing despite a storm warning having been issued at the port of sailing and on part of the route. …
Read More London: Breach of Warranty Allowed Reinsurers to Avoid Reinsurance Contract