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Moral hazard, impecuniosity and war risks
The lengthy judgment of Colman J in
North Star Shipping Ltd v Sphere Drake Insurance plc [2005] EWHC 665 (Comm), forthcoming in [2006] Lloyd’s Rep IR, is devoted to two issues: did the assured deliberately scuttle its own vessel; and did the..
Online Published Date:
01 December 2005
Appeared in issue:
Vol 17 No 12 - 01 December 2005
The rights of passengers
The European Court of Justice has, in
Candolin v Vahinkovakuutusosakeyhtio Pohjola (Case C-537/03) 30 June 2005, forthcoming in [2006] Lloyd’s Rep IR, clarified the rights of passengers to recover compensation when injured by an intoxicated..
Online Published Date:
01 December 2005
Appeared in issue:
Vol 17 No 12 - 01 December 2005
Recovery of premium by way of costs
The massive changes to the funding of civil litigation introduced by the Access to Justice Act 1999 have been the subject of numerous important decisions throughout the judicial hierarchy. The most important changes have been the introduction of..
Online Published Date:
01 December 2005
Appeared in issue:
Vol 17 No 12 - 01 December 2005
The repeal of the prohibition on gambling
Section 18 of the Gaming Act 1845 has long been one of the pillars supporting the requirement of insurable interest in English law.The repeal of the 1845 Act by the Gambling Act 2005 has created some uncertainty as to the status of insurable..
Online Published Date:
01 December 2005
Appeared in issue:
Vol 17 No 12 - 01 December 2005
Forum non conveniens in reinsurance cases
In
Limit (No 3) Ltd v PDV Insurance Co Ltd [2005] Lloyd’s Rep IR 552, the Court of Appeal was asked to set aside permission granted to London market retrocessionaires to serve a claim form on a Venezuelan retrocedant out of the jurisdiction...
Online Published Date:
01 December 2005
Appeared in issue:
Vol 17 No 12 - 01 December 2005