Dornoch Ltd & Ors v Westminster International BV & Ors, Court of Appeal - Admiralty Division, February 12, 2009, [2009] EWHC 201 (Admlty)

Resolution Date:February 12, 2009
Issuing Organization:Admiralty Division
Actores:Dornoch Ltd & Ors v Westminster International BV & Ors
 
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Neutral Citation Number: [2009] EWHC 201 (Admlty)

Case No: 2008 Folio 1277

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMIRALTY COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 12 February 2009

Before:

THE HON. MR JUSTICE TOMLINSON

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Between:

| |(1) DORNOCH LIMITED |Claimants |

| |(on its own account and on behalf of all other underwriting members of Syndicate 1209| |

| |for the 2007 year of account) | |

| |ROYAL & SUN ALLIANCE INSURANCE plc | |

| |ASPEN INSURANCE UK LIMITED | |

| |And Others | |

| |- and - | |

| |WESTMINSTER INTERNATIONAL BV |Defendants |

| |KONINKLIJKE BOSKALIS WESTMINSTER NV | |

| |BOSKALIS WESTMINSTER LIMITED | |

| |NIGERIAN WESTMINSTER DREDGING AND MARINE LIMITED | |

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Iain Milligan QC and Guy Blackwood

(instructed by Messrs Stephenson Harwood) for the Claimants

Tom Weitzman QC and Peter MacDonald Eggers

(instructed by Messrs Nabarro LLP) for the First to Third Defendants

The Fourth Defendant was not represented

Hearing date: 29 January 2009

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Judgment

The Hon. Mr Justice Tomlinson:

  1. The mega-size trailer hopper dredger, WD Fairway, to which I shall refer hereafter as ‘the vessel’, became a constructive total loss as a result of a collision off China in March 2007. The vessel was at the time owned by the First Defendant, one of the companies in the Boskalis Group.

  2. The vessel’s hull and machinery cover was written in two layers. The primary layer of up to €5 million was underwritten by seven insurance companies of which six are incorporated in the Netherlands, Fortis Corporate Insurance NV, HDI-Gerling Verzekeringen NV, Aegon Schadeverzekering NV, Allianz Global Risks Nederland, Generali Schadeverzekering Maatschappij NV, Mutual Insurance Association ‘Munis’ UA, whilst the seventh, BDM NV, Antwerp, is incorporated in Belgium. The policy to which these underwriters subscribed is governed by English law but contains a Dutch exclusive jurisdiction clause. I shall refer to these seven insurance companies as the proposed additional Defendants. If joined, they would be Defendants 5-11. Fortis and Munis are already, respectively, the 14th and 15th Claimants, and thus if the proposed joinder is permitted, will be both Claimant and Defendant in the same action.

  3. The excess policy, €145 million in excess of €5 million, was written by the Claimants. It too is governed by English law.

  4. On 27th...

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