Elafonissos Fishing and Shipping Co v Aigaion Insurance Co SA (The "Agios Spyridon") - QBD (Com Ct)(Gloster J) - 4 April 2012

Marine insurance – Practice – Insurers making late application to amend defence to allege breach of warranty that vessel was “laid up … in port” – Whether implied term that vessel would be in “in hot lay up” – Whether amendment should be allowed

The fishing vessel Agios Spyridon was insured under a policy of marine insurance which stated: “Warranted vessel laid up from 1/11/06 until 28/2/07 BDI in port of Mahajanga [Madagascar] …”.