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19 September 2014
Issue: 7622 / Categories: Case law , Law digest , In Court
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Insurance—Reinsurance

Amlin Corporate Member Ltd and others v Oriental Assurance Corporation [2014] EWCA Civ 1135, [2014] All ER (D) 54 (Aug)

Following the loss of a vessel and its cargo during a typhoon in the Philippines, the claimant reinsurers sought negative declarations regarding the construction of a “typhoon warranty” in the reinsurance policy between them and the defendant insurer of the vessel. The judge allowed the application due to breaches of the terms of the warranty with the consequence that the claimants were not liable under the terms of the policy. The Court of Appeal, Civil Division, dismissed the defendant’s appeal, finding that the judge had not erred in his construction of the warranty, nor had he erred in his conclusion, on the evidence, as to the route that the vessel’s master had intended to take in breach of the warranty.

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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