Assens Havn v Navigators Management (UK) Ltd, Danish Supreme Court 5/2015, 9 October 2017

Third party claims: Danish P&I Noir. The CJEU decision in Assens Havn has featured twice recently in Shipping &Trade Law (see Hjalmarsson in the July/August issue ((2017) 17 STL 6 7) and Lavelle in the September issue ((2017) 17 STL 7 4)). There is now a further decision in the case - the order of the Danish Supreme Court, the court which referred the dispute to the CJEU.

The brief circumstances of the case were that the insured charterer’s chartered vessel Sea Endeavour I had caused damage to the quay facilities of the claimant port, Assens Havn. As the insured had since become insolvent, the port claimed directly against the insurer, Navigators Management. The policy contained an exclusive jurisdiction clause.