JAN DE NUL (UK) LTD v AXA ROYALE BELGE SA

[2002] Lloyd's Rep IR 589

COURT OF APPEAL

Before Lord Justice Schiemann, Lady Jusice Hale and Lord Justice Rix

Insurance (liability) - Dredging works in Southampton water - Contractors causing silting of moorings, jetties and fishing grounds and obstruction of waterways - Whether contractors liable to occupiers and users - Basis of liability in negligence, private nuisance and public nuisance - Co-insurance between Employers and contractors - Assignment of benefits from Employers to contractors - Whether policy covered losses - Effect of exclusions for serious fault, non-consequential immaterial damage and non-accidental pollution.