DORNOCH LTD v MAURITIUS UNION ASSURANCE CO LTD
[2006] Lloyd's Rep Plus 84
COURT OF APPEAL
Before Sir Mark Potter, President of the Family Division, Lord Justice May and Lord Justice Tuckey
Reinsurance – Conflict of laws – Direct bankers’
blanket policy governed by law of Mauritius – Reinsurance governed by English
law – Proceedings for negative declaration issued by reinsurers in England –
Reinsurers then joined to action by assured against insurers in Mauritius – Whether
reinsurance incorporated an exclusive jurisdiction clause – Law applicable to
reinsurance – Rome Convention 1980, articles 2 and 3 – Whether England the most
convenient forum for action – Action in tort by reinsurers for fraudulent
misrepresentation – Law applicable to tort claim – Private International Law
(Miscellaneous Provisions) Act 1995, sections 11 and 12.