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

Gateley Legal—Jack Kelly

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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