Lloyd's Law Reports Plus

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

(THE "WD FAIRWAY") (NO 3)

[2009] Lloyd's Rep Plus 73

QUEEN’S BENCH DIVISION (ADMIRALTY COURT)

Before Mr Justice Tomlinson

Insurance (marine) - Vessel becoming constructive total loss - Insurers rejecting notice of abandonment but paying for constructive total loss - Vessel sold by assured to associated company at undervalue - Insurers thereafter asserting right of salvage - Whether insurers had opted to waive salvage rights - Law applicable to proprietary effects of transfer - Renvoi - Insolvency Act 1986, section 423

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