ASPEN UNDERWRITING LTD v KAIROS SHIPPING LTD AND OTHERS (THE “ATLANTIK CONFIDENCE”)

[2017] Lloyd's Rep. IR 635

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Teare

Insurance (marine) – Vessel lost at sea – Settlement Agreement between owners and underwriters – Subsequent discovery that vessel was deliberately sunk – Claim by underwriters to recover settlement sum from mortgagee bank – Whether bank bound by exclusive jurisdiction clause in agreement – Agency – Jurisdiction over claims in tort and restitution – Whether special jurisdiction rules for insurance applied – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 7 and 14.