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Page 322

Index

Adjudication by directors –

Admiralty jurisdiction , –

Adverse costs , –

After-the-event (ATE) insurance

in Australia ,

litigation funding –

maritime class actions –

policy indemnity limit

role of –

security for costs –

settlement or judgment –

All-risks principle ,

Anti-suit injunction

English courts

foreign proceedings

post-Brexit –

quasi-contractual anti-suit injunction

Appointed Representatives see also Marine insurance brokers

Association of British Insurers (ABI) ,

Association of Litigation Funders (ALF)

Association of Litigation Funders of Australia (ALFA)

Australian Competition and Consumer Commission (ACCC) ,

Australian Financial Services Licence (AFSL) , ,

Australian Insurance Contracts Act 1984

Australian Law Reform Commission (ALRC) , ,

Australian Securities and Investment Commission (ASIC) ,

Australian Securities and Investment Commission Act 2001 (Cth) (the ASIC Act)

Authorised Representatives see also Marine insurance brokers

Autonomous shipping
- and fundamental insurance law principles
- software technology

Award damages ,

Balance Legal Capital (BLC)

BGP (Bennett Gould & Partners Ltd)

Breach of duty , , ,

Breach of warranty , ,

Broker's duty see also Marine insurance brokers

Australia –

conflicts of interest –

disclosure of commission –

England and Wales –
- chains of brokers –

USA –

Certificate of Entry ,

Civil Procedure Act 2010 (Vic) (CPA) ,

CL380 (The Institute Cyber Attack Exclusion Clause)

Claim for compensation ,

Claim handling

Claiming against the club

claims process –

consequences of breach –

time limit for making claims –

Class action litigation funding schemes

Common fund order (CFO)

Concurrent causes

Consumer Credit Code

Consumer Insurance (Disclosure and Representations) Act 2012

Contempt of court

auxiliary remedies

for false statements ,

Convoy Act 1798

Corporations Act 2001

COVID-19 , , ,

Criminal standard

Cyber vulnerabilities

Direct claims against clubs

claim –

dominus litis –

managerial powers of clubs –

obligation

Duty of utmost good faith see also Utmost good faith bound

English law of fraudulent insurance claims see also Fraudulent insurance claims

The Federal Court of Australia's Class Action Practice Note (GPN-CA)

Financial Conduct Authority (FCA) ,

Financial Ombudsman Service (FOS) ,

Financial Services and Markets Act 2000 (UK)

Forfeiture rule ,

Fraudulent insurance claims –

auxiliary remedies –

definition of

insurance litigation

legislative and regulatory intervention –

policymaking –

proportion of

regulation –

from substance to procedure –

Free of capture and seizure warranty

Good faith –

concept of

Harbour Litigation Funding (HLF)

Insurability issue –

insurability problem

Insurance Act 2015

legality, implied warranty of –

seaworthiness –

statutory provisions –

Insurance: Conduct of Business (ICOBS) –, , , , , ,

Insurance Conduct of Business Sourcebook (ICOBS) ,

Insurers see Fraudulent insurance claims

for claims

commercial

liability ,

repeat-player litigations

International Group of Protection and Indemnity Clubs (IGP&I)

International Oil Pollution Compensation Fund

IT network , see also Software technology

Jurisdictional rules

agreements –

basic principle –

contractual agreement

English agreement

favour of the English Court –

German agreement

to marine insurance matters –

Law Commission and the Scottish Law Commission

Law Commissions

Law of remedies

duty, development of –

duty of disclosure , ,

Insurance Act 2015 , , , ,

Law Commission

Marine Insurance Act 1906 –

utmost good faith bound , ,

Legality , –

Legal principles, direct claims against clubs

Liability regime –

Litigation funding –

Amending Regulations –

Australian Government policy

plaintiff ,

regulatory environment, in Australia

Loss proximately see also Proximate causes of loss

Managed investment scheme (MIS)

Marine Insurance Act 1906 (MIA 1906) , ,

codification –

legality –

seaworthiness –

Marine insurance brokers

Australia , –

England , –

financial services advisers

networks

payment of premium –

role of , ,

USA , –

Wales , –

Maritime class actions

COVID-19 , ,

MARPOL (Prevention of Pollution from Ships)

Meeth -style jurisdiction agreement

Members Board

Misrepresentation Act 1967

National Association of Insurance Commissioners (NAIC)

New Zealand Insurance Law Reform Act 1977

Nordic Marine Insurance Plan 2013 , –

foreign state, regulation of detainment by –

Notice given see also Direct claims against clubs

claim under the insurance –

incident –

preconditions

provides –

Obligations

broker's

quasi-contractual

One-shotter, analytical tools

Post-Brexit

anti-suit injunctions –

arbitration agreement –

basic principle –

claim caught by –

claims brought
- by assignees or subrogees –
- victim pursuant to a direct right against the insurer –

comity –

English Court –, –

essential logic –

exclusive jurisdiction –

Hague Convention –

inconsistent contractual claim –

jurisdiction –

proper forum –

quasi-contractual anti-suit injunction , –

quasi-contractual obligation

right obligations

separate contract –

Times Trading –

Post-contractual situation ,

Pre-contractual paradigm ,

Protection and indemnity (P&I) clubs

claiming against the club

direct claims against clubs

resolution of disputes –
- adjudication by directors –
- reference to arbitration –

third-party direct rights of action –

Proximate causes of loss

“but for” test –

concurrent causes –

insured versus uninsured risks

legal context –

MIA 1906 –

search for –

unless otherwise agreed –

Quasi-contractual anti-suit injunction , –

Realign insurance cover

current state of play –

cyber risks –

new risks –

residual insurance-related issues –

Remedies see also Law of remedies

bonus

compensatory

insurer's

Remedy of rescission

Remote control centres (RCC) , ,

dealing with –

location of

use of

Remote-controlled vessel , , ,

Remote Control Operator (RCO) , ,

misconduct of

negligence of

Repeat player, analytical tools

Rules of the North of England Club , ,

Seaworthiness –

autonomous shipping and fundamental insurance law principles –

Insurance Act 2015 –

Marine Insurance Act 1906 –

time policies –

voyage policies –

warranty of , , , , , , ,

Senior Management Arrangements, Systems and Controls sourcebook (SYSC)

Ship and Goods (SG) Policy

Software technology ,

SOLAS (Safety of Life at Sea)

STCW (Standards of Training, Certification and Watchkeeping for Seafarers)

Team Tango case

Elephant's import of urea –

factual background –

foreign state, NP regulation –

legal starting points –

main submissions –

marine peril –

Nigeria, security situation in –

Nordic Marine Insurance Plan 2013 –

peril or insured event –

problem and overview –

reflections –

regulation of combination of perils –

UK clauses –

war peril or a marine peril –

Terms of Business Agreement (TOBA)

Third-party direct rights of action –

foreign law: third-party direct rights of action –

international maritime liability conventions –

Third Parties (Rights against Insurers) Act 2010 –

Third-party liability insurance

Third-party litigation funder , , , ,

Treat customers fairly (TCF)

Utmost good faith bound , ,

avoidance, discretionary remedy –

breach of the duty –

damages, causes of action

damages for breach of the duty –

deceit –

duty of care, damages for –

Misrepresentation Act 1967 –

Warranty , ,

breaches of –

contractual ,

convoy warranty , ,

definition

of good safety

of legality –

neutrality warranty

of seaworthiness , , , , , , ,

type of

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