Source: All England Reporter
Publisher Citation: [2002] 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.

The Case

Practice Areas

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