Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

RANK ENTERPRISES LTD. AND OTHERS v. GERARD

[2000] 1 Lloyd's Rep. 403

COURT OF APPEAL

Before Lord Justice Kennedy, Lord Justice Thorpe and Lord Justice Mance

Sale of ship - Guarantee - Norwegian Sale form - Clause 9 - Construction - Meaning of words “should any claims which have been incurred prior to time of delivery be made against the vessel” - Whether “claims made against the vessel” required commencement of proceedings in rem - Whether ownership claims within cl. 9 - Whether time limit in guarantee applied to date when claim made or date when loss sustained - Whether financial limits applied per claim or overall.

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