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The liabilities of the parties
Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWHC 6 (TCC), is a lengthy judgment of Mr Justice Ramsey. It contains some important rulings on the duties owed by the parties to a construction project, in particular whether there..
Online Published Date:
01 July 2008
Appeared in issue:
Vol 20 No 7 - 01 July 2008
Exclusion of liability for defective property
In
C A Blackwell (Contracts) Ltd v Gerling General Insurance Co [2007] EWCA Civ 1450 the Court of Appeal has upheld the first instance judgment of HHJ Mackie QC, [2007] Lloyd’s Rep IR 511 (discussed in the July 2007 issue of Insurance Law..
Online Published Date:
01 July 2008
Appeared in issue:
Vol 20 No 7 - 01 July 2008
Direct actions by third party victims
The EC’s Fifth Motor Insurance Directive, European Parliament and Council Directive 2005/14/EC, conferred upon the victm of a negligent driver the right to bring an action against the driver’s insurers without having to bring an action..
Online Published Date:
01 July 2008
Appeared in issue:
Vol 20 No 7 - 01 July 2008
Scope of cover
Coromin Ltd v AXA Re [2007] EWHC 2818 (Comm), is a lengthy judgment of Mr Justice Cooke which largely turns on its facts and on the specific wording used by the parties. The key issue of wider significance is whether a business interruption policy..
Online Published Date:
01 July 2008
Appeared in issue:
Vol 20 No 7 - 01 July 2008
Claims cooperation clauses
The Court of Appeal has, in
AIG Europe (Ireland) Ltd v Faraday Capital Ltd [2007] EWCA Civ 1208 reversed the first instance decision of Mr Justice Morison, [2007] Lloyd’s Rep IR 267, and has decided that the reinsured was in breach of a..
Online Published Date:
01 July 2008
Appeared in issue:
Vol 20 No 7 - 01 July 2008