Breach of warranty - Waiver of breach

(HIH Casualty and General Insurance Ltd v Axa Corporate Solutions [2002] Lloyd’s Rep IR (forthcoming)

The decision of Mr Jules Sher QC in HIH Casualty and General Insurance Ltd v Axa Corporate Solutions , December 2001, is of major significance in two respects. First, the outcome of much of the film finance litigation presently before the English courts might turn on this ruling. Secondly, the law as to waiver of breach of warranty is in an uncertain state, and the analysis of Mr Sher QC sheds valuable light on the legal principles involved.