header-logo header-logo

25 February 2010
Issue: 7406 / Categories: Case law , Law reports
printer mail-detail

Marine insurance—Actual or constructive total loss of cargo—Piracy

Masefield AG v Amlin Corporate Member Ltd [2010] All ER (D) 210 (Feb)

Queen’s Bench Division, Commercial Court, David Steel J,
18 February 2010

The seizure of a vessel by pirates does not of itself constitute an actual total loss (ATL) or a constructive total loss (CTL) for the purposes of ss 57(1) and 60(1) of the Marine Insurance Act 1906 (MI 1906), although the issue is fact-sensitive.

Sir Sydney Kentridge Q.C. & Andrew Henshaw (instructed by Arbis LLP) for the claimant, Peter MacDonald Eggers & Sarah Cowey (instructed by Waltons & Morse LLP) for the defendant

In August 2008, a vessel was seized by Somali pirates in the Gulf of Aden. The claimant was the owner of two parcels of bio-diesel which had been shipped on board the vessel. The defendant was the insurer of the cargo under an open cover contract covering, inter alia, both piracy and theft. Shortly after the seizure, negotiations between the pirates and the owners began.

On 18 September, during the course of the negotiations, the claimant served a notice of abandonment on the defendant.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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
back-to-top-scroll