ROYAL BOSKALIS WESTMINSTER N.V. AND OTHERS v. MOUNTAIN AND OTHERS

[1997] LRLR 523

COURT OF APPEAL

Lord Justice PHILLIPS:

Insurance (War Risks) - Sue and labour - Liability - Contract for dredging works close to Iraq-Kuwait border insured against war risks - Invasion of Kuwait - Finalization agreement providing for waiver of claims entered into - Whether waived claims could be properly expressed as sue and labour expenses - Effectiveness or enforceability of waiver of claims - Whether plaintiffs suffered loss which was recoverable - Whether irrecoverable on grounds of illegality - Maximum effective loss suffered by plaintiffs - Apportionment of sue and labour expenses.