NIMA S.A.R.L. v. THE DEVES INSURANCE PUBLIC CO. LTD. (THE “PRESTRIOKA”) [2002] EWCA Civ 1132

[2003] 2 Lloyd's Rep. 327

COURT OF APPEAL

Before Lord Justice Potter, Lord Justice Keene and Mr. Justice Sumner

Insurance (Marine) - Jurisdiction - Application to set aside - Cargo insured under all risks marine cargo policy issued in Bangkok - Cargo never arrived at its destination - Insurers alleged claimants victim of “phantom ship” fraud and risk never attached by virtue of s. 44 of the Marine Insurance Act, 1906 - Whether claimants had good arguable case - Whether Thailand more appropriate forum - Whether application to set aside proceedings should be granted.