||All England Reporter
|| All ER (D) 218 (Feb)
|| EWHC 181 (Comm)
||Queen's Bench Division, Commercial Court
||Christopher Butcher QC and Adam Turner (instructed by Waterson Hicks) for the claimant.
||Stephen Moriarty QC and James Cutress (instructed by Ince & Co) for the defendant.
||18 February 2011
Marine insurance - War risks policy - Exception clause - Claimant's vessel insured on war risks policy with defendant insurers - Vessel arrested by Egyptian authorities - Egyptian court finding that arrest of vessel justified - Claimant's lawyers failing to secure release of vessel - Claimant claiming under policy - Whether act of Egyptian court falling within 'judicial process' exclusion clause - Whether claimant's lawyers acting in breach of 'sue and labour' clause.
Marine insurance War risks policy. The Queen's Bench Division, Commercial Court, held that the claimant could recover on its war risks insurance policy with the defendant insurers, it held that the actions of the Egyptian court in restraining the claimant's ship did not fall within the judicial process exclusion clause, and the claimant's lawyers had not, in their handling of the claim, acted in breach of the sue and labour clause.
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