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08 January 2010
Issue: 7399 / Categories: Case law , Law digest
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Shipping

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad [2009] EWCA Civ 1398, [2009] All ER (D) 192 (Dec)

In considering whether damage to cargo had been caused by inherent vice, even if the question to be considered was whether the cause of the damage was an inability to withstand the ordinary incidents of the voyage, the answer could not be found by reference to what might be reasonably foreseeable as the ordinary incidents of that voyage.

Rather, it had to be found by reference to wind or wave which, it would be the common understanding, would be bound to occur as the ordinary incidents on any normal voyage of the kind being undertaken. That was not equating inherent vice with certainty, but rather it was recognising that an insurer would not cover damage to cargo flowing from the motion of a vessel in such seas, even if it was not certain to occur.
 

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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
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