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05 June 2024
Issue: 8074 / Categories: Legal News , Insurance / reinsurance , In Court
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Uninsured loss recovery claim fails to sail

Insurers have lost a claim for priority over uninsured losses where money has been recovered, in a shipping case

Royal Sun Alliance & Ors v Textainer & Ors [2024] EWCA Civ 547 concerned a dispute between insurers, who had paid out under excess of loss policies, and Textainer, a large container lessor, following the collapse of Textainer’s lessee Hanjin Shipping in 2016.

The case centred on whether the insurers were entitled to a proportionate share of $15m (£11.7m) recoveries subsequently made by Textainer, or whether those recoveries should be applied first to uninsured losses, as per the ‘top down’ approach adopted by the House of Lords in Lord Napier and Ettrick v Hunter [1993] AC 713.

The Court of Appeal reaffirmed that recoveries made by Textainer were to be applied on a ‘top down’ basis rather than on a proportionate basis.

BDM partner David McInnes said: ‘We are very happy with this important and comprehensive victory for our clients Textainer, which reaffirms key principles of the English law of insurance and subrogation.’

Issue: 8074 / Categories: Legal News , Insurance / reinsurance , In Court
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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