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Prina Patel Edwards Wildman Palmer LLP

Results 1 to 5 of 5



Court of appeal affirms decision to refuse to set aside service out of jurisdiction *

United Kingdom - August 16 2012
In Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980, the Court of Appeal ruled that the judge at first instance, Judge Beatson, was entitled to conclude that English proceedings would serve a useful purpose when he refused to set aside a service out of the jurisdiction of negative declaratory proceedings by Faraday against Howden.


Commercial Court upholds Tribunal's decision not to establish quantum of damages *

United Kingdom - July 25 2012
In Latvian Shipping Co v Russian People's Insurance Co (ROSNO) Open Ended Joint Stock Co [2012] EWHC 1412 (Comm) the Court considered the appeal of an arbitration award on the grounds of serious irregularities within the Tribunal's findings.


Late application by insurer to re-amend defence succeeds in part *

United Kingdom - May 8 2012
In Elafonissos Fishing & Shipping Co v Aigaion Insurance Co SA (2012) EWHC 892 (Comm), the defendant insurers, Aigaion Insurance Co SA (Aigaion), sought to re-amend its Defence to a claim brought by the claimant, Elafonissos Fishing & Shipping Co (Elafonissos), under a policy for marine insurance in relation to a damaged vessel, and to adduce expert evidence in support of its amendments.


Court of appeal considers the effect of a novation of a contract on advance payment guarantees *

United Kingdom - August 11 2011
In the recent decision of Meritz Fire & Marine Insurance Co Ltd v Jan De Nul Nv & Anor [2011] EWCA Civ 827, the Court of Appeal dismissed the appeal by Meritz of the earlier High Court's decision, previously reported here, that Meritz was liable under advance payment guarantees (APGs) it had issued in respect of three shipbuilding contracts (Contracts) to the respondent Buyers, despite the fact that the Contracts had been novated to a new company.


Commercial Court upholds order enforcing a declaratory award *

United Kingdom - May 19 2011
We have previously reported here and here on the long-running dispute between West Tankers and the insurers, Allianz and Generali.