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19 September 2014
Issue: 7622 / Categories: Case law , Law digest , In Court
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Insurance—Reinsurance

Amlin Corporate Member Ltd and others v Oriental Assurance Corporation [2014] EWCA Civ 1135, [2014] All ER (D) 54 (Aug)

Following the loss of a vessel and its cargo during a typhoon in the Philippines, the claimant reinsurers sought negative declarations regarding the construction of a “typhoon warranty” in the reinsurance policy between them and the defendant insurer of the vessel. The judge allowed the application due to breaches of the terms of the warranty with the consequence that the claimants were not liable under the terms of the policy. The Court of Appeal, Civil Division, dismissed the defendant’s appeal, finding that the judge had not erred in his construction of the warranty, nor had he erred in his conclusion, on the evidence, as to the route that the vessel’s master had intended to take in breach of the warranty.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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