RANK ENTERPRISES LTD. AND OTHERS v. GERARD

[1999] 2 Lloyd's Rep. 666

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Toulson

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.