|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 386 (Jul)|
|Court:||Court of Appeal, Civil Division|
Tuckey and Carnwath LJJ
|Representation||Julian Flaux QC and Simon Picken (instructed by Holman Fenwick & Willan) for the claimant.|
|Nicholas Hamblen QC and Michael Collett (instructed by D J Freeman) for the defendant.|
|Judgment Dates:||25 July 2002|
Contract - Breach - Waiver - Elements of waiver - Contracts for reinsurance of film finance insurance policies - Breach of warranty on underlying insurance as to number of films to be made - Insurer bringing action against reinsurer - Insurer contending reinsurer waiving breach of warranty - Judge finding reinsurer not having requisite knowledge - Judge granting reinsurer's application for summary judgment - Whether judge in error.