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BANGLADESH EXPORT IMPORT CO. LTD. v. SUCDEN KERRY S.A.

[1995] 2 Lloyd's Rep. 1

Sale of goods (c. & f.) - Non-acceptance - Frustration - Import of sugar into Bangladesh controlled by government system of import licences - Government revoked licences - Whether contract imposed obligation on buyers to import sugar into Bangladesh - Whether buyers could rely on revocation of licence as a frustrating event - Whether assessment of damages proper.

MICHAEL LEY AND OTHERS v. CHRISTIAN DELAISSÉ (THE “YOLAINE”)

[1995] 2 Lloyd's Rep. 7

Salvage - Award - Quantum - Defendant’s vessel in difficulties off Porlock Weir - Plaintiffs rendered salvage assistance - Salved value of vessel - Amount of award salvors entitled to.

QINGDAO OCEAN SHIPPING CO. v. GRACE SHIPPING ESTABLISHMENT TRANSATLANTIC SCHIFFAHRTSKONTOR G.m.b.H. KLAUS ODE AND HEATH CHARTERING (UK) LTD. (THE “XING SU HAI”)

[1995] 2 Lloyd's Rep. 15

Charter-party (Time) - Hire - Non-payment - Jurisdiction - Vessel sub-chartered - Owners claimed against charterers, charterers’ agents and owner of charterers’ agent and charterers for non-payment of hire - Whether right to contest jurisdiction waived - Whether Brussels Convention applicable - Whether owners’ claims within R.S.C., O. 11, r. 1(1)(b), (c), (d)(iii), (m) - Civil Jurisdiction and Judgments Act, 1982, ss. 24, 25, Schedule arts. 1(4), 2, 6(1).

JAMES LAZENBY AND CO. v. McNICHOLAS CONSTRUCTION CO. LTD.

[1995] 2 Lloyd's Rep. 30

Arbitration - Award - S. 13A - Delay in prosecution of arbitration proceedings - Arbitrator struck out claim pursuant to s. 13 - Limitation period of claim not yet expired - Whether contrary to principle to strike out claim - Whether exceptional facts entitled arbitrator to strike out claim - Arbitration Act, 1950, s. 13A.

SEMCO SALVAGE & MARINE PTE LTD. v. LANCER NAVIGATION CO. LTD. LANCER NAVIGATION CO. LTD. v. SEMCO SALVAGE & MARINE PTE LTD. (THE “NAGASAKI SPIRIT”)

[1995] 2 Lloyd's Rep. 44

Salvage - Remuneration - Special compensation - Salvage services rendered to vessel - Meaning of “fair rate” - Period for which salvors entitled to special compensation - Whether award should be set aside - Whether award on costs of the arbitration open to challenge - International Salvage Conventions 1989, arts. 13 and 14.

EGON OLDENDORFF v. LIBERA CORPORATION

[1995] 2 Lloyd's Rep. 64

Conflict of laws - Proper law - Jurisdiction - Agreement for charter of two new buildings subject to conditions - Issue as to whether conditions waived or satisfied - Plaintiffs claimed defendants in repudiatory breach - Whether agreement governed by English law - Whether London arbitration clause validly incorporated - Whether English Courts more appropriate forum - Rome Convention - Contracts (Applicable Law) Act, 1990.

NEDERLANDSE REASSURANTIE GROEP HOLDING N.V. v. BACON & WOODROW, ERNST & YOUNG AND SWISS BANK CORPORATION

[1995] 2 Lloyd's Rep. 77

Practice - Disclosure - Legal professional privilege - Plaintiffs purchased share capital in three insurance companies - Plaintiffs alleged negligence in advice given by financial advisers - Second defendants applied for disclosure of documents between plaintiffs and legal advisers - Whether documents privileged - Whether waiver of privilege.

SVENSKA HANDELSBANKEN v. SUN ALLIANCE AND LONDON INSURANCE PLC

[1995] 2 Lloyd's Rep. 84

Practice - Discovery - Privilege - Claim under commercial mortgage indemnity insurance - Insurers denied liability alleging non-disclosure, misrepresentation and breach of warranty - Communications from insurers to reinsurers of legal advice provided to insurers - Whether such documents privileged.

TOOMEY AND OTHERS v. EAGLE STAR INSURANCE CO. LTD. (No. 2)

[1995] 2 Lloyd's Rep. 88

Reinsurance - Non-disclosure - Misrepresentation - Order 14 proceedings - Clause in contract that contract neither cancellable nor voidable by either party - Defendants alleged non-disclosure and misrepresentation - Whether defendants entitled to avoid contracts - Whether plaintiffs entitled to summary judgment.

PAGE v. SMITH

[1995] 2 Lloyd's Rep. 95

Negligence - Personal injury - Nervous shock - Plaintiff involved in motor accident caused by defendant’s negligence - Plaintiff suffered no bodily injury - Whether plaintiff’s psychiatric injury foreseeable - Whether plaintiff entitled to damages for nervous shock.

ST. PAUL FIRE & MARINE INSURANCE CO. (UK) LTD. v. McCONNELL DOWELL CONSTRUCTORS LTD. AND OTHERS

[1995] 2 Lloyd's Rep. 116

Insurance (Contractors All Risks) - Non-disclosure - Misrepresentation - Serious subsidence damage caused to buildings - Insurers denied liability - Insurers alleged risk represented as one involving piled foundations - Buildings constructed with spread foundations - Whether misrepresentation and/or non-disclosure - Whether insurers entitled to avoid liability.

VITOL S.A. v. NORELF LTD. (THE “SANTA CLARA”)

[1995] 2 Lloyd's Rep. 128

Sale of goods (c.i.f.) - Anticipatory breach - Acceptance - Buyers rejected cargo before loading completed - Neither party took any steps to perform contract - Whether sellers’ conduct amounted to acceptance of anticipatory breach.

THE “SAVA STAR”

[1995] 2 Lloyd's Rep. 134

Salvage - Remuneration - Claim by cargo-owners - Carriage of cargo of fertilizer - Cargo began to decompose - Cargo-owners rendered salvage assistance - Cargo and vessel salved - Whether cargo-owners entitled to salvage remuneration.

M.B. PYRAMID SOUND N.V. v. BRIESE SCHIFFAHRTS G.M.B.H. AND CO. K.G. M.S. “SINA” AND LATVIAN SHIPPING ASSOCIATION LTD. (THE “INES”)

[1995] 2 Lloyd's Rep. 144

Bill of lading - Misdelivery - Parties to contract - Whether owners or charterers contractual carriers - Goods delivered without presentation of original bills of lading - Whether defendants could rely on clauses in bill of lading - Whether Commercial Sea Port in St. Petersburg acted as agent of plaintiffs - Whether plaintiffs mitigated their loss - Measure of damages - Whether charterers in breach of contract - Whether charterers acted as bailees.

OK PETROLEUM A.B. v. VITOL ENERGY S.A.

[1995] 2 Lloyd's Rep. 160

Sale of goods (c.i.f.) - Limitation of time - Incorporation - Plaintiffs sold quantities of oil to defendants - Vessels chartered to perform contracts - Vessels took longer to discharge cargo and plaintiffs claimed demurrage - Whether time bar provisions in charter incorporated into sales contracts - Whether plaintiffs’ claim time barred.

STANDARD BANK LONDON LTD. v. THE BANK OF TOKYO LTD. SUDWESTDEUTSCHE LANDESBANK GIROZENTRALE v. THE BANK OF TOKYO LTD. AND STANDARD BANK LONDON LTD.

[1995] 2 Lloyd's Rep. 169

Banking - Letters of credit - Tested telexes - Fraudulent tested telexes sent to beneficiaries - Whether telexes sent with actual or apparent authority of sender - Whether beneficiaries entitled to rely on tested telexes as genuine - Whether underlying transaction should have been investigated - Whether conforming documents presented under letters of credit - Whether beneficiaries entitled to damages.

ATLAS SHIPPING AGENCY (UK) LTD. AND UNITED SHIPPING SERVICES LTD. v. SUISSE ATLANTIQUE SOCIÉTÉ D’ARMEMENT MARITIME S.A. LABUK BAY SHIPPING INC. AND ULUGAN BAY SHIPPING INC.

[1995] 2 Lloyd's Rep. 188

Agency - Commission - Jurisdiction - Sale of ship - Brokers sought to recover commission earned in connection with sale of two vessels to buyers - Buyers domiciled in Switzerland - Whether brokers could bring action in England on the basis that they were suing in matters relating to a contract - Brussels Convention, art. 5(1) - Civil Jurisdiction and Judgments Act, 1982.

SHELDON AND OTHERS v. R. H. M. OUTHWAITE (UNDERWRITING AGENCIES) LTD. AND OTHERS

[1995] 2 Lloyd's Rep. 197

Negligence - Limitation of time - Allegations of deliberate concealment - Names claimed against members’ agents for alleged breach of contract, breach of fiduciary duty and negligence - Cause of action occurred in or before 1982 - Whether Names’ action time barred - Names alleged deliberate concealment so that facts not discovered until a time less than six years prior to issue of writ - Whether Names could rely on s. 32 of the Limitation Act, 1980 - Whether application to strike out should be granted.

ANTWERP UNITED DIAMONDS BVBA AND THE EXCESS INSURANCE CO. LTD. v. AIR EUROPE

[1995] 2 Lloyd's Rep. 224

Carriage by air - Limitation of liability - Loss of consignment of diamonds - Consignee made special declaration of interest in delivery at destination - Declared sum a fraction of actual value of diamonds - Plaintiffs alleged loss caused by act or omission of carrier - Whether plaintiffs entitled to recover actual loss - Warsaw Convention arts. 22, 25.

THE “LOK VIVEK” AND “COMMON VENTURE”

[1995] 2 Lloyd's Rep. 230

Collision - Crossing vessels - Reciprocal courses - Collision in Gulf of Thailand - Whether vessels crossing or on reciprocal courses - Whether sole cause of collision failure to give way or alteration of course to starboard - Liability for collision - Apportionment.

THE “SURF CITY”

[1995] 2 Lloyd's Rep. 242

Insurance (Marine) - Subrogation - Waiver - Vessel carrying cargo of naptha exploded - Cargo insurers paid cargo owners’ liability under salvage agreement and for loss of cargo - Under insurance insurer waived rights of subrogation against subsidiary or affiliate - Whether waiver extended to c.i.f. buyer - Whether insurers could recover moneys paid from defendants.

SCHELDE DELTA SHIPPING B.V. v. ASTARTE SHIPPING LTD. (THE “PAMELA”)

[1995] 2 Lloyd's Rep. 249

Charter-party (Time) - Hire - Anti-technicality clause - Validity - Non-receipt of hire - Owners gave notice of withdrawal out of business hours - Whether notice “received” by charterers at moment it was recorded on their telex machine or only at or shortly after the opening of their office on the next business day - Whether notice valid.

FROTA OCEANICA BRASILIERA S.A. AND ANOTHER v. STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. (THE “FROTANORTE”)

[1995] 2 Lloyd's Rep. 254

Arbitration - Arbitrator - Appointment - Collision between plaintiffs’ vessel and another - P. & I. Club insured plaintiffs’ vessel for one fourth of collision liability - Running down clause - Claim against club - Whether parties agreed to arbitrate - Allegations of inordinate and inexcusable delay in prosecuting arbitration - Whether application to appoint arbitrator should be granted.

CHRISTIAN ANDERSON AND OTHERS v. ATTORNEY GENERAL OF NEW ZEALAND AND OTHERS (THE “DANICA BROWN”)

[1995] 2 Lloyd's Rep. 264

General average - Due diligence - Claim for contribution - Vessel carrying defendants’ cargo broke down off Canada and required to be salved - Breakdown resulted from failure of an aft thrust roller bearing in the coupling box clutch assembly - Whether exercise of due diligence would have prevented failure of bearing - Whether plaintiffs entitled to claim general average contribution from defendants.

UNITED CARRIERS LTD. v. HERITAGE FOOD GROUP (UK) LTD.

[1995] 2 Lloyd's Rep. 269

Carriage by road - Set-off - Freight charges - Plaintiffs claimed carriage charges for effecting delivery of Christmas hampers - Defendants sought to set off cross-claims against plaintiffs’ claims - Whether rule that there can be no deduction by way of set-off from freight charges applicable to domestic carriage by land.

WINTER v. IRISH LIFE ASSURANCE PLC AND ANOTHER

[1995] 2 Lloyd's Rep. 274

Insurance (Joint Life) - Avoidance - Alleged non-disclosure - Plaintiff and fiancée both suffering from cystic fibrosis - Not disclosed on proposal form but all relevant information given to brokers - Whether insurers had actual or constructive knowledge that plaintiffs victims of cystic fibrosis - Whether broker agents of insurers or insured - Whether insurers entitled to avoid policy.

INTERATLANTIC (NAMIBIA) (PTY.) LTD. v. OKEANSKI RIBOLOV LTD. (THE “AFALA”)

[1995] 2 Lloyd's Rep. 286

Admiralty practice - Arrest of vessel - Recall of arrestment - Pursuers arrested defenders’ vessel at Lerwick for non-payment of agency dues - Pursuers arrested second vessel at Ullapool - Whether defenders owners of second vessel - Whether pursuers entitled to arrest second vessel - Whether arrestment should be recalled.

NELSON PINE INDUSTRIES LTD. v. SEATRANS NEW ZEALAND LTD. (THE “PEMBROKE”)

[1995] 2 Lloyd's Rep. 290

Carriage by sea - Damage to cargo - Hague-Visby Rules - Carriage of MDF plant machinery - Whether carrier obliged to carry goods below deck - Whether damage to goods caused by carriers’ breach - Whether Hague-Visby Rules limitation provisions applicable - Whether stowage on deck reckless.

MARC RICH & CO. A.G. AND OTHERS v. BISHOP ROCK MARINE CO. LTD. BETHMARINE CO. LTD. AND NIPPON KAIJI KYOKAI (THE “NICHOLAS H”)

[1995] 2 Lloyd's Rep. 299

Negligence - Duty of care - Classification society - Vessel developed cracks in hull - Classification society surveyor recommended vessel continue on voyage to discharge port - Total loss of vessel and cargo - Cargo-owners claimed against classification society - Whether classification society owed duty of care to cargo-owners. Cargo - Classification society - Vessel developed cracks in hull - Surveyor recommended vessel continue to discharge port - Total loss of vessel and cargo - Whether classification society owed duty of care to cargo-owners.

KUWAIT AIRWAYS CORPORATION v. IRAQI AIRWAYS COMPANY AND REPUBLIC OF IRAQ

[1995] 2 Lloyd's Rep. 317

Conflict of laws - Sovereign immunity - Jurisdiction - Invasion of Kuwait by Iraq - Defendants instructed to bring Kuwaiti fleet to Iraq - Whether defendants immune from jurisdiction of English Courts - Whether immunity lost by submitting to jurisdiction - State Immunity Act, 1978 ss. 2, 14(2) - R.S.C., O. 65, r. 3(1).

THE “AL TABITH” AND “ALANFUSHI”

[1995] 2 Lloyd's Rep. 336

Admiralty practice - Writ - Application for extension of time - Collision between plaintiffs’ vessel and defendants’ vessel - Negotiations between P. and I. Clubs - Plaintiffs obtained extension of six months -Writ issued out of time - Whether application for further extension of time should be granted.

INTERNATIONAL FINA SERVICES A.G. v. KATRINA SHIPPING LTD. AND TONEN TANKER KABUSHIKI KAISHA (THE “FINA SAMCO”)

[1995] 2 Lloyd's Rep. 344

Charter-party (Time) - Duty to maintain clause - Indemnity - Off-hire - Eleven stoppages of discharge due to boiler trouble - Vessel ordered off berth due to deteriorating weather conditions - Seawater found to have entered boiler through crack in condenser - Whether owners failed to comply with duty to maintain obligation - Whether vessel off-hire - Whether charterers entitled to be indemnified for loss of time.

ASTILLEROS ESPAÑOLES S.A. AND BANCO EXTERIOR DE ESPAÑA S.A. v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION

[1995] 2 Lloyd's Rep. 352

Banking - Letter of guarantee - Construction - Shipbuilding contract - Default in payment of instalments - Defendants made payments - Whether payments discharged defendants’ liability under guarantee.

STANDARD CHARTERED BANK v. PAKISTAN NATIONAL SHIPPING CORPORATION AND OTHERS

[1995] 2 Lloyd's Rep. 365

Bill of lading - Summary judgment - Stay of action - Allegation of fraudulent misrepresentation - Bill of lading antedated - Whether defendants intended that bill of lading would be used to deceive banks - Whether plaintiffs entitled to summary judgment - Whether action should be tried in Pakistan - Whether action should be stayed.

CEVAL ALIMENTOS S.A. v. AGRIMPEX TRADING CO. LTD.

[1995] 2 Lloyd's Rep. 380

Arbitration - Award - Leave to appeal - Sellers alleged that award on loss not supported by specific reason and obviously wrong - Whether sellers entitled to leave to appeal. Arbitration - Award - Costs - Sellers ordered to pay legal costs - Whether GAFTA Arbitration Rules 125, par. 10 precluded any award on legal costs - Whether sellers entitled to leave to appeal. Arbitration - Award - Discovery - Application to set aside or remit award for misconduct or error of law in the conduct of the arbitration - Buyers failed to disclose actual role with ultimate receiver and Board of Appeal refused to order any relevant disclosure - Whether award should be remitted or set aside.

CRUDEN CONSTRUCTION LTD. v. COMMISSION FOR THE NEW TOWNS

[1995] 2 Lloyd's Rep. 387

Arbitration - Notice - Validity - Plaintiffs built houses for defendants - Defendants sold houses to Housing association - Housing association alleged defects in houses - Defendants served notice of arbitration on plaintiffs - Whether dispute or difference between plaintiffs and defendants - Whether arbitration notice valid.

LOSINJSKA PLOVIDBA v. TRANSCO OVERSEAS LTD. AND OTHERS (THE “ORJULA”)

[1995] 2 Lloyd's Rep. 395

Carriage by sea - Negligence - Pure economic loss - Carriage of drums of hydrochloric acid and sodium hypochlorite in containers - Containers found to be leaking - Whether suppliers of the drums negligent in stowage of drums - Whether alleged contamination of vessel constituted damage - Whether plaintiff’s claim wholly or in part for economic loss - Whether claim should be struck out.

NEDERLANDSE REASSURANTIE GROEP HOLDING N.V. v. BACON & WOODROW ERNST & YOUNG AND SWISS BANK CORPORATION (No. 2)

[1995] 2 Lloyd's Rep. 404

Practice - Procedure - Witness statement - Admissibility - Plaintiffs claimed damages for breach of duty in contract and tort in respect of purchase of reinsurance companies - Witness unable to recall some of the events described in his witness statement - Evidential status of witness statement - Whether admissible - R.S.C., O. 38, r. 21 - Civil Evidence Act, 1968.

THE “LOOIERSGRACHT”

[1995] 2 Lloyd's Rep. 411

Admiralty practice - Arrest of vessel - Sistership - Damage to cargo - Plaintiff arrested vessel for damage to cargo and alleged damage to cargo carried on five other vessels - whether vessels sisterships - Federal Court Act, s. 43(8).

MERCEDES-BENZ A.G. v. HERBERT HEINZ HORST LEIDUCK

[1995] 2 Lloyd's Rep. 417

Practice - Mareva injunction - Territorial jurisdiction - Dispute between German corporation and company resident in Hong Kong and defendant - German corporation brought civil proceedings in Monaco against defendant - German corporation applied to Courts of Hong Kong for Mareva injunction against defendant - Whether Hong Kong Courts had jurisdiction to grant Mareva injunction in aid of judgment being sought in foreign Court - Hong Kong R.S.C., O. 11, r. 1(1)(b),(m).

COLONIAL MUTUAL GENERAL INSURANCE CO. LTD. v. ANZ BANKING GROUP (NEW ZEALAND) LTD.

[1995] 2 Lloyd's Rep. 433

Insurance (Fire) - Assignment - Mortgagee interest - Insured took out second mortgage - Condition of mortgage that property to be insured as required by mortgagees and mortgagees alone to have power to settle, compromise and recover claim against any insurance company - Property destroyed by fire - Whether policy assigned to mortgagees - Whether mortgagees could recover under policy.

COX v. BANKSIDE MEMBERS AGENCY LTD.

[1995] 2 Lloyd's Rep. 437

Practice - Procedure - Lloyd’s litigation - Management - Errors and omissions insurance - Allocation of funds payable by E & O underwriters - Whether claimants should all be entitled to a share of funds available from E & O underwriters or whether those who first succeeded in establishing claims to have first call on funds - Application of Third Parties (Rights Against Insurers) Act, 1930 - Whether E & O policies or their proceeds subject to trust or other fiduciary obligation requiring rateable distribution of proceeds - Effect of management plan adopted in relation to Lloyd’s litigation. Insurance (Errors and Omissions) - Implied indemnity - Lloyd’s litigation - Whether agent entitled to be indemnified by E & O underwriter against interest and costs incurred as a result of underwriters’ decision to contest case.

BARROW v. BANKSIDE MEMBERS AGENCY LTD. AND BANKSIDE UNDERWRITING MANAGEMENT LTD.

[1995] 2 Lloyd's Rep. 472

Negligence - Breach of duty - Lloyd’s litigation - Application to strike out - Plaintiffs claimed damages from defendants for breach of duty as members’ agents - Plaintiffs party to Gooda Walker action against members’ agents - Whether defendants’ application to strike out on the ground that action vexatious and an abuse of process should be granted.

O’CONNELL v. PEARL ASSURANCE PLC. AND OTHERS SAME v. EAGLE STAR INSURANCE CO. AND NORWICH UNION FIRE INSURANCE SOCIETY LTD.

[1995] 2 Lloyd's Rep. 479

Insurance (Bloodstock) - Indemnity - Value - Death of insured foal and mare - Insured claimed under policy - Allegations by insurers that mare strangled and abortion induced - Whether insurers had discharged burden of proof - Insurers to indemnify insured in respect of actual value - Whether mare and foal overinsured - Whether plaintiff’s claim fraudulent - Ownership of mare.

THE LLOYD’S LITIGATION

[1995] 2 Lloyd's Rep. 511

BROWN v. KMR SERVICES LTD. (formerly H.G. POLAND (AGENCIES) LTD.) SWORD-DANIELS v. PITEL AND OTHERS

[1995] 2 Lloyd's Rep. 513

Lloyd’s litigation - Portfolio selection - Duties of members’ agents - Breach - Inclusion in member’s portfolio of “high risk” syndicates - Whether members should have been specifically warned against joining such syndicates - Whether even if warned member would still have allocated part of premium income to high risk syndicate - Whether defendants could claim set-off - Whether recoverable damages should be limited to such losses as would reasonably be foreseen.

HANJIN SHIPPING CO. LTD. v. ZENITH CHARTERING CORPORATION (THE “MERCEDES ENVOY”)

[1995] 2 Lloyd's Rep. 559

Charter-party (Time) - Non-performance - “fixed in good faith” - Negotiations for charter of vessel - Vessel suffered heavy weather damage - Defendants advised charterers vessel “fixed in good faith” - Meaning - Whether contract made between parties - Whether parties agreed disputes to be referred to arbitration.

IGNAZIO MESSINA & CO. v. POLSKIE LINIE OCEANICZNE

[1995] 2 Lloyd's Rep. 566

Sale of ship - Contract - Breach - Plaintiffs alleged defendants agreed to sell vessels to plaintiffs - Vessels sold elsewhere - Plaintiffs subsequently bought vessels at higher price - Whether binding contract in existence - Whether defendants in breach of duty of confidence - Whether plaintiffs mitigated loss.

STOCZNIA GDANSKA S.A. v. LATVIAN SHIPPING CO., LATREEFERS INC. AND OTHERS

[1995] 2 Lloyd's Rep. 592

Shipbuilding contract - Default in payment - Rescission - Shipbuilders to build six refrigerated cargo vessels - Payment in instalments - Notice given of keel laying for hulls 1 and 2 - Instalment not paid - Contract rescinded - Whether shipbuilders entitled to recover keel laying instalment.

INDUSTRIE CHIMICHE ITALIA CENTRALE (Now CEREOL ITALIA SrL) AND CEREALFIN S.A. (Now CONTICOTTON S.A.) v. ALEXANDER G. TSAVLIRIS & SONS MARITIME CO. AND OTHERS

[1995] 2 Lloyd's Rep. 608

Practice - Procedure - Substitution of plaintiff - Claim by plaintiffs to be indemnified for payments made pursuant to salvage award - Plaintiffs merged with third party - Limitation period expired - Whether third party could be substituted for plaintiffs - Whether new party and new claim would be introduced - R.S.C., O. 15, r. 7.

AIKEN v. STEWART WRIGHTSON MEMBERS AGENCY LTD.

[1995] 2 Lloyd's Rep. 618

Reinsurance - Aggregate excess loss - Misrepresentation and non-disclosure - Whether members’ agents owed duty of care in contract or in tort to Names in relation to placing of run-off insurance - Whether in breach of such duty - Whether if full disclosure run-off insurance would have been placed. Negligence - Duty of care - Members’ agents - Whether members’ agents liable in respect of negligence of managing agents - Whether personal and non-delegable contractual duty. Limitation of action - Period of limitation - Specialty contracts - Whether Names entitled to benefit of 12 year limitation period - Whether claims actions on specialties - Limitation Act, 1980, s. 8.

Lloyd's Law Reports