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...Investments [1991] AC 8850, 882-3, China National v Evlogia Shipping [1979] 1 WLR 1018, 1024 and 1034...in title to the public liability insurers who provided public liability cover when Mr Green was working on their premises between 1960 and 1963 viz Commercial Union Assurance Co Ltd ("CU"). MMI has...Keene Corporation v Insurance Co of North America 667 F 2d 1034 (1981), which have decided that all insurers at risk from the time of first exposure to the diagnosis of disease should be...
.... 345 at p. 361, per Lord Blackburn, and China National Foreign Trade Transportation Corporation v Evlogia Shipping CO. S.A. of Panama (The Mihalios Xilas), [1979...statement for the difference between waiver by election and waiver by estoppel is that of Lord Diplock in Kammins Ballrooms Co Ltd v. Zenith Investments (Torquay...(Corinth) Refineries SA v. Shipping Corporation of India (The Kanchenjunga) [1990] 1 Lloyd's Rep 391 (HL), where he said (at 398/399): "Election itself is...
...Corporation v- Evlogia Shipping Company [1979] 1 WLR 1018 at page 1024: "(Election) can be communicated to the other party by words or conduct; though...by Mr. James to instruct Messrs Thomas Howell Selfe & Co (THS) as loss adjusters and Messrs R.B.Hawkins & Associates Ltd (Hawkins) as consulting scientists on the...
...of Lords both in that case and subsequently in China National Foreign Trade Transportation Corporation v Evlogia Shipping Co ("The...National Foreign Trade Transportation Corporation v Evlogia Shipping Co ("The Mihalios Xilas") [1978] 1 WLR 1257, the owners gave notice...cases demonstrate, is synonymous with the provision being a condition. 59. Empresa Cubana de Fletes v Lagonisti Shipping Co Ltd ("The...
..., China National Foreign Trade Transportation Corporation v Evlogia Shipping Co. SA of Panama [1979] 1 WLR 1018 and Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of...reflection, however, and guided in particular by certain observations of Lord Donaldson MR in Stewart Gill Limited v Horatio Myer & Co Ltd...breach." Hanak v Green did not, however, seek to deal specifically with the requisite closeness. For that one goes to Federal Commerce and Navigation Co. Ltd. v Molena Alpha Inc. [1979] AC...
...Foreign Trade Transportation Corporation v Evlogia Shipping Co SA of Panama (The Mihalios Xilas) [1979] 2 Lloyd's Rep 303 at p 307; [1979] 1 WLR 1018 at p 1024...Flacker Shipping Ltd v Glencore Grain Ltd [2002] EWCA Civ 1068, [64]- [68]. At paragraphs 51 and 52 of his judgme...referred to the observations of Lord Goff of Chieveley in Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India (The Kanchenjunga") [1990] 1...
...Foreign Trade Corporation v. Evlogia Shipping Co SA [1979] 1 WLR 1018. 95. The question is therefore whether the defendant insurers thereby...Atlantic Insurance Co Ltd v. Pine Top Insurance Co Ltd [1995] 1 AC 501. It is not disputed that the duty of disclosure applies to a variation of the policy involving an extension of...cover, even for a limited period: see Manifest Shipping v. Uni-Polaris Ins...
...clear and unequivocal terms: China National Foreign Trade Transportation Corporation v- Evlogia Shipping Co S.A. of Panama (The "Mihalios Xilas") [1979] 1 WLR 1018 at 1024; Motor Oil...& Crosse, Mr Potter's solicitors, in which she said as follows, among other things: "Yes I do remember asking S. Dyer what difference it would make if I ended my tenancy agreement He told me...an end. Letters from S. Dyer are no longer sent by fax -I have not had 2 way communication with S. Dyer since 8th Nov and signing the notice that was the last time I...
...Ballrooms Company Limited v Zenith Investments (Torquay) Limited [1971] AC 850; China National Foreign Trade Transportation Corp. v Evlogia Shipping Company SA of Panama...proceeded upon the basis, as it seems to me, that this would be achieved in the normal way, i.e. by a co-operative arrangement whereby the assured would either assist in facilitating the sale of the...underwriters are entitled on payment for a CTL to take over the assured's interest in the vessel and dispose of it as they see fit but that ordinarily by co-operative arrangement they will be relieved of the...
...Transportation Corporation v. Evlogia Shipping Co. S.A. of Panama (The Mihalios Xilas), [1979] 2 Lloyd's Rep. 303 at p. 307; [1979] 1 W.L.R. 1018 at p. 1024, per Lord...CSCL to "submit" its Determination(s) to the Claimants. On a natural and ordinary reading of this provision, no requirements are imposed on the form or content of such Determinations. CSCL was...conduct. As observed by Mr. Justice Phillips in Youell and Others v. Bland Welch & Co. Ltd., (The Superhulls Cover-Case) (No 2), [1990] 2 Lloyd's Rep. 431...
...Corporation v. Evlogia Shipping Co. SA of Panama (The Mihalios Xilas) [1979] 2 Lloyd's Rep 303 at p.307; [1979] 1 WLR 1018 at p. 1024 per Lord Diplock). Once...circumstances specified in s.35 of the 1979 Act. This is the aspect of election referred to by Lord Diplock in Kammins Ballrooms Co. Ltd. v. Zenith Investments (Torquay....185. Following the meeting, Mr. Clive Smith (then with Tele2 subsequently with Nomi-Call) sent an email to Mr. Gilbert of Post Office, setting out the views of Tele2's legal department as to the...
...Ballrooms Company Limited v Zenith Investments (Torquay) Limited [1971] AC 850; China National Foreign Trade Transportation Corp. v Evlogia Shipping Company SA of Panama...proceeded upon the basis, as it seems to me, that this would be achieved in the normal way, i.e. by a co-operative arrangement whereby the assured would either assist in facilitating the sale of the...underwriters are entitled on payment for a CTL to take over the assured's interest in the vessel and dispose of it as they see fit but that ordinarily by co-operative arrangement they will be relieved of the...
...Transportation Corp. v. Evlogia Shipping Co. SA of Panama (The Mihalios Xilas) [1979] 1 W.L.R. 1018 as authority for the proposition that a right to terminate a contract is lost upon..., [2015] 1 WLR 1661; Abu Dhabi National Tanker Co. v. Product Star Shipping Ltd ( The Product Star ) (No. 2) [1993] 1 Lloyd's Rep, 397, per Leggatt LJ ...more circumspect in MSC Mediterranean Shipping Co. SA v. Cottonex Anstalt...
...Transportation Corporation v Evlogia Shipping Co S.A. of Panama (The Mihalios Xilas), [1979] 1 W.L.R. 1018 at p.1024, per Lord Diplock)." 208. Communication...Corporation v. Evlogia Shipping Co. S.A. of Panama [1979] 1 W.L.R. 1018 , 1024, 1034-1035, in my opinion make it quite clear that a person who has the right to rescind a...circumstances specified in s.35 of the 1979 Act. This is the aspect of election referred to by Lord Diplock in Kammins Ballrooms Co Ltd v Zenith Investments...