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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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