It’s all in the wording
Benjamin Coffer, of Quadrant Chambers, reviews a recent case considering general average guarantees and the actionable fault defence
In a judgment handed down recently following a hearing on a preliminary issue, the UK’s Commercial Court has held that the
“actionable fault” defence under Rule D of the York Antwerp Rules is available to the issuer of a general average (GA) guarantee
in the standard AAA/ILU form.
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