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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

19/02/2018

Joint insurance issues in The Ocean Victory: the roads not taken

Andrew Dinsmore has co-authored an article with Elizabeth Blackburn QC, titled “Joint insurance issues in The Ocean Victory: the roads not taken” in the Lloyd’s Maritime and Commercial Quarterly 2018, the citation for which is (2018) L.M.L.C.Q. 50.

The article considers the difficult issue of whether an insurer should be able to bring a subrogated action against third parties where the policy is one of joint insurance.

It is well-established that a co-insured cannot bring an action against their fellow co-insured where they have taken out a joint insurance policy; however, the juridical basis for such is unclear which presented difficulties in this case where an insurer wished to subrogate into the position of one co-insured to bring a subrogated action against a third party.

The Supreme Court’s analysis was obiter because, on the facts, it held that charterers were not in breach of the safe port warranty such that even if the insurer could subrogate, there was no liability owed to either of the insureds. The judgment is, nevertheless, interesting because the Court split was 3 v 2 and, within the minority, Lord Sumption and Lord Clarke took different approaches.

The article focuses on their Lordship’s implied term analysis before considering the further arguments open to the insurers, namely (i) an action based on the proprietary interest in the vessel, (ii) the possible application of the “Transferred Loss Principle” as developed in The Albazero, Linden Gardens Trust v Lenesta Sludge Disposals, Darlington Borough Council v Wiltshier Northern, and Alfred McAlpine Construction v Panatown; and (iii) the possible application of the “Performance Interest Principle” as initially developed by Lord Griffiths as his “broader ground” in Linden Gardens, and discussed in Panatown and Swynson v Lowick Rose.

The article concludes that if such facts arise in future, insurers should advance their claim on the basis of the subrogated actions that arise as a result of the demise charterers’ possessory title.

Please contact Andrew with any questions on the issues raised.

 

Relevant members
Andrew Dinsmore
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