||All England Reporter
|| All ER (D) 307 (Apr)
|| EWCA Civ 577
||Court of Appeal, Civil Division
Lord Philips MR, Potter and Arden LJJ
||Lionel Persey QC and Timothy Hill (instructed by Ince & Co) for the claimant.
||Graham Charkham (instructed by Hill Taylor Dickinson) for the first to eleventh defendants.
||Nigel Meeson QC (instructed by Beaumont & Son) for the twelfth defendant.
||30 April 2002
Marine insurance - Loss - Constructive total loss - Exclusions within War Risk Cover - Exclusion relating to illegal trading - Exclusion relating to operation of ordinary judicial process and failure to provide security - Seizure of vessel following breach of Australian national law - Owners failing to pay security required by Australian authorities - Whether Australian national law a 'trading regulation' - Whether vessel further detained by operation of ordinary judicial process and failure to provide security.
To interpret the expression 'trading regulations', within exclusion 4.1.5 of the Institute War Clauses, without the imposition of any generic limitation would be unreasonably to emasculate the breadth of its meaning. The question whether or not a regulation was a trading regulation depended upon its own nature and purpose, and not upon the fact that it might, incidentally, affect a ship owner in the course of the operation of his trade or business.
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