• AXA Versicherung AG (successor to Albingia) v. Arab Insurance Group (B.S.C.) [2015] EWHC 1939 (Comm), Commercial Court, Males JView More

    Wed, 09 September, 2015

    This reinsurance trial involved the attempted avoidance, by AXA, of two first loss energy reinsurance treaties on the grounds of material non-disclosure and misrepresentation.

     Guy Blackwood Q.C. represented the reassured, Arig and was responsible for putting Arig’s case on inducement. At trial, AXA was able to establish that material non-disclosures had occurred on placement of the first loss treaties, which comprised the failure to disclose previous loss records on energy construction risks and previous loss incidents. Notwithstanding these material non-disclosures, AXA failed in its attempt to avoid the treaties. Following Guy’s cross-examination of Albingia’s underwriter, Mr Holzapfel, Males J concluded that the material non-disclosures had not induced Albingia to write the reinsurance treaties.

  • Involnert Management v Aprilgrange – M/Y Galatea [2015] EWHC 2225 (Comm)View More

    Wed, 19 August, 2015

    The Commercial Court has just upheld a successful avoidance defence by the London insurance market in a case in which the superyacht “Galatea” was badly damaged by fire while berthed at a marina.

    Mr Justice Leggatt held that the yacht had been over-insured for an agreed value of €13m in circumstances where the owner and its yacht managers knew that she had previously been valued at about €7-8 and that she had just been put up for sale at a price of €8m. The judge agreed with underwriters that there had been an unintentional non-disclosure of material facts which had induced the writing of the policy for the agreed but inflated insured value. This was a complete defence to the claim.

    Insurers were also entitled to decline the H&M claim for the assured's failure to comply with the policy requirement to file a sworn proof of loss within 90 days and for its failure to serve a timeous Notice of Abandonment.

    David Walsh was junior counsel for the successful underwriters. A copy of the judgment can be viewed via the attached link.

  • A warm welcome to new members of ChambersView More

    Fri, 17 July, 2015

    Quadrant Chambers are delighted to announce that Koye Akoni and Craig Williams will join Chambers as full tenants in September 2015, following the successful completion of their pupillages.

    Luke Parsons QC, Head of Chambers, said:  “We look forward to warmly welcoming our two outstanding new tenants. They both combine warm and engaging personalities with academic excellence and have both excelled in our pupillage process. We are confident they will develop successful and accomplished practices in the future.”

  • Eagerly awaited landmark decision in The Supreme CourtView More

    Wed, 01 July, 2015

    The Supreme Court, in a landmark decision eagerly awaited by commodity and contract lawyers, has allowed Bunge SA’s arbitration appeal, after Bunge was previously unsuccessful before the GAFTA Board of Appeal, the Commercial Court and the Court of Appeal.

    Bunge SA v Nidera BV [2015] UKSC: landmark decision of Supreme Court on GAFTA Default Clause / sale of goods damages after The Golden Victory

    The Supreme Court, in a landmark decision eagerly awaited by commodity and contract lawyers, has allowed Bunge SA’s arbitration appeal, after Bunge was previously unsuccessful before the GAFTA Board of Appeal, the Commercial Court and the Court of Appeal.

    (1) The Supreme Court determined once and for all how the GAFTA Default Clause works, an issue which has long spilt the trade and trade arbitrators. It rejected the approach, taken below, of treating the Clause as a complete ‘code’, which entitled a claimant to substantial damages whether it suffered a loss or not and even if the contract would never have been performed (e.g. due to prohibition of export event), and which also ousted normal mitigation principles.

    (2) The Court upheld the House of Lords’ decision in The Golden Victory [2007] 2 AC 353 and the principle there laid down, that when assessing damages one can look at subsequent events which show that a loss would not in fact have been incurred. It dismissed the numerous academic and judicial criticisms of the decision.

    (3) The Court held that that principle applies just as much to sale of goods contracts as to other contracts, disapproving previous obiter judicial and textbook suggestions for a narrower non-sale of goods application of The Golden Victory and a restrictive interpretation of the decision.

    Simon Rainey QC was brought in to represent the Appellant, Bunge SA following the decision of the Court of Appeal; he was instructed by Reed Smith London. He obtained permission to appeal from the Supreme Court and argued the appeal.

    He led Mark Stiggelbout.

     Please follow the attached link for a copy of the judgment.

  • Successful Ruling in the Privy Council from the Court of Appeal in Jamaica.View More

    Thu, 25 June, 2015

    The Judicial Board of the Privy Council has determined an appeal by Dr Boufoy-Bastick, a lecturer at the University of the West Indies, from a decision of the Court of Appeal in Jamaica.

    The Board found that Dr Boufoy-Bastick was contractually entitled to supplementary pension benefits under the Federated Superannuation Scheme for Universities for members who had completed 10 years’ continuous service immediately prior to retirement.  Although his total length of service fell short by 36 days, a flexible but objective interpretation of the terms of his contract and the fact that he had undertaken all the service requested of him for 10 academic years were such that the University was taken to have agreed or accepted that he had completed the requisite period of service. Robert-Jan Temmink successfully represented the appellant.

  • Chambers of the Year nomination at The Lawyer AwardsView More

    Mon, 11 May, 2015

    Quadrant Chambers is delighted to announce that we have been shortlisted for Chambers of the Year 2015 by The Lawyer. The winner will be announced at an awards ceremony on 16th June 2015. For further details please follow the attached link.