Payment of profit commission

Two novel points of law fell to be decided by Christopher Clarke J in Equitas Ltd v Wave Shipping Co Ltd [2005] EWHC 923 (Comm), forthcoming in [2006] Lloyd’s Rep IR: can a reinsurer seek negative declaratory relief when it is being sued in tort; and does the payment of profit commission by the reinsurer to the reinsured operate to interfere with the contractual relations between the assured and the reinsured so as to give rise to a tort against the assured? The Court accepted the jurisdictional argument but completely rejected the substantive argument.