Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

SEAVISION INVESTMENT S.A. v. NORMAN THOMAS EVENNETT AND CLARKSON PUCKLE LTD. (THE “TIBURON”)

[1992] 2 Lloyd's Rep. 26

COURT OF APPEAL

Before Lord Justice Parker, Lord Justice Scott and Sir Roger Ormrod

Practice - Costs - Insurance (Marine) - War-risks - Vessel declared under established German open cover - Cover warranted German F.O.M. - Vessel struck by Exocet missile - Underwriters held not liable under policy - Brokers ordered to pay to plaintiffs their own costs of failed action against underwriters - Whether such costs recoverable on indemnity basis - R.S.C. O. 62, r. 3(2) - Supreme Court Act 1981, ss. 18(1)(f), 51.

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