Warranties: burden of proof and construction

The decision of Blair J in Elafonissos Fishing and Shipping Co v Aigaion Insurance Co SA (The Agios Spyridon) [2012] EWHC 1512 (Comm) raised a couple of short points on the burden of proving breach of warranty and on the proper interpretation of a warranty.

Blair J held that the burden of proof rested on insurers, so that if there was no evidence then they could not succeed, and he further confirmed that additional obligations would not be read into a warranty in favour of insurers.