Source: All England Reporter
Publisher Citation: [2006] All ER (D) 122 (Apr)
Neutral Citation: [2006] EWCA Civ 389
Court: Court of Appeal, Civil Division

Sir Mark Potter P, May and Tuckey LJJ

Representation Michael Swainston QC and Alan Maclean (instructed by Clyde & Co) for the claimants.
  Ali Malek QC (instructed by Linklaters) and Mark Humphries of Linklaters for the first defendant.
  Gavin Kealey QC and David Bailey (instructed by Clifford Chance) for the second defendant.
Judgment Dates: 10 April 2006


Conflict of laws - Jurisdiction - Civil jurisdiction - Whether relevant reinsurance policy subject to Mauritius jurisdiction clause - Whether trial judge erring in deciding that English law proper law of contract.

The Case

The defendants' appeal against a trial judge's decision that the relevant reinsurance policy was not subject to a Mauritius jurisdiction clause was dismissed in circumstances where the trial judge had taken the right approach and there had been no grounds for interfering with his conclusion.

Practice Areas

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