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Lloyd's Shipping & Trade Law RSS feed

Two Christmas crackers from the Admiralty bench

Online Published Date : 22 December 2020 | Appeared in issue: Vol 20 No 10 - 22 December 2020

Two admiralty cases of rather different natures rounded off an otherwise modest year for case law. First, Argentum Exploration Ltd v The Silver and All Persons Claiming to be Interested in and/or to Have Rights in Respect of, The Silver [2020] EWHC 3434 (Admlty) concerned the sovereign immunity of the Republic of South Africa in the context of admiralty proceedings.

Express and implied terms in marine insurance

Online Published Date : 22 December 2020 | Appeared in issue: Vol 20 No 10 - 22 December 2020

Sections 10 and 11 of the Insurance Act 2015 apply to all warranties, and terms that do not define the risk as a whole, respectively. It is clear that this includes the implied terms in the Marine Insurance Act 1906, and that both sections will apply to warranties that do not define the risk as a whole. What is less clear, and arguably was not considered during the drafting of the Insurance Act 2015, is precisely how they will apply.