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ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE “ATLANTIK CONFIDENCE”)

Lloyd's Law Reports

ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE “ATLANTIK CONFIDENCE”)

[2017] 2 Lloyd's Rep. 295

QUEEN'S BENCH DIVISION((COMMERCIAL COURT))

Before Mr Justice TEARE

Insurance (marine) – Vessel lost at sea – Settlement Agreement between owners and underwriters – Subsequent discovery that vessel was deliberately sunk – Claim by underwriters to recover settlement sum from mortgagee bank – Whether bank bound by exclusive jurisdiction clause in agreement – Agency – Jurisdiction over claims in tort and restitution – Whether special jurisdiction rules for insurance applied – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 7 and 14.

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