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Naseer Chia Edwards Wildman Palmer LLP

Results 1 to 5 of 8



No duty of good faith in English law contracts: the Court of Appeal overturns the High Court and reasserts the traditional position under English law *

United Kingdom - March 26 2013
Is there any implied overriding duty of good faith as between parties to a contract under English law? For many years the answer seemed clear: No…

Co-authors: Ben Goodger.


Breach of a condition precedent sufficient for defendant insurer to avoid a claim and successfully counterclaim *

United Kingdom - October 23 2012
In Parker and Parker v National Farmers Union Mutual Insurance Society Ltd [2012] EWHC 2156 (Comm), the High Court held that the Defendant insurers, National Farmers Union (NFU), could not avoid the claim of the First Claimant, Mrs. Parker, for the non-disclosure of the Second Claimant, Mr. Parker.


Court of Appeal considers the applicable law to the assessment of damages *

Germany - August 6 2012
In Cox v Ergo Verscherung AG [2012] EWCA Civ 854, the Court of Appeal considered whether, in a claim for damages recoverable from a German insurer, damages should be assessed under English or German law.


The English High Court finds no compelling reason to displace a UAE jurisdiction clause *

United Kingdom - July 12 2012
In Aizkir Navigation Inc v Al Wathba National Insurance [2011] EWHC 3940 (Comm), the High Court considered a principle of contractual construction and held that a clause stating that claims "be settled in accordance with English Law and practice shall be so settled in Abu Dhabi (UAE)" amounted to an exclusive jurisdiction clause in favour of the United Arab Emirates (the UAE) and there was no overwhelming reason to displace that jurisdiction clause.


English High Court interprets "50/50" and "inherent vice" clauses *

United Kingdom - June 14 2012
In European Group Limited and Others v Chartis [2012] EWHC 1245 (QB), Mr Justice Popplewell held that damage to the insured's property during transportation was proximately caused by an external fortuitous accident or casualty, and therefore there was no room for "inherent vice" to be an additional proximate cause.


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