RANDGOLD RESOURCES LTD AND ANOTHER v SANTAM LTD AND ANOTHER

[2019] Lloyd's Rep IR Plus 30

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Christopher Hancock QC (sitting as a Deputy High Court Judge)

Reinsurance – Cut-through clause – Claims control clause – Dispute between assured and insurers – Whether assured entitled to seek a declaration of the liability of the reinsurers to the insurers – Conditions for declaratory relief – Effect of Contracts (Rights of Third Parties) Act 1999.