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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Page 1 of about 8,236 results (0.076 seconds)

May 02 2012 (FN)

S.A. Petroleo Brasileiro Vs. E.N.E. Kos 1 Limited

Court : UK Supreme Court

..... is an unconvincing basis for a conclusion that the search is for the proximate cause. as i see it, the question in each case, whether under a contract of insurance or under a contract of indemnity, is whether an effective cause of the alleged loss or expense was a peril insured against or an indemnifying event. by reference to devlin j's citation ..... , if the owners were bound to third parties by bills of lading which charterers had required them to issue, the continuation of the voyage under those bill of lading contracts could engage the indemnity under clause 13. lord mance further recognises (to my mind correctly) that if owners were left with no practical option but to carry the cargo to its destination ..... owners were bound to third parties by bills of lading which charterers had required them to issue, the continuation of the voyage under those separate bill of lading contracts could engage the time charter indemnity, and could (despite lord denning mr's contrary dictum on appeal in the tropwind [1982] 1 lloyd's rep 232, 237) lead to charterers having to pay ..... not consider this last contention, for i think it is clear that clause 9 is concerned with the proximate cause. it is a contract of indemnity, and i can see no reason for treating it differently from any other contract of insurance. the observations of lord shaw in the ikaria [1918] ac 350, 368 and the dicta he there cites are also in .....

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Feb 01 2011 (FN)

Global Process Systems Inc and Another (Respondents) Vs. Syarikat Taka ...

Court : UK Supreme Court

..... "went to sea without being fit to encounter the ordinary risks of going to sea, not the extraordinary risks of storms", that a policy of insurance was "only a contract of indemnity against risks which could not be foreseen, or by ordinary care be provided against" and that there was on this basis no loss by perils of the sea: pp 289 ..... take place in the ordinary course of things": paterson v harris (1861) 1 b and s 336, 353, per cockburn cj. the purpose of the policy is to secure an indemnity against accidents which may happen, not against events which must happen: thomas wilson sons and co v owners of the cargo per the xantho (1887) 12 app cas 503, 509 ..... were exceptional, unforeseen or unforeseeable, and not otherwise. this, it was submitted, would go far to frustrate the very purpose of all risks cargo insurance, which is to provide an indemnity in respect of loss or damage caused by, among other things, all perils of the seas. 36. blair j rejected this submission on the grounds that the real question was ..... the natural behaviour of the goods is such that they suffer a loss in the circumstances in which they are expected to be carried. this is the test under a contract of affreightment and the shipowner in this case could have pleaded inherent vice in answer to a claim for damage to the cargo. in holding that inherent vice is only .....

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Nov 06 2013 (FN)

In the Matter of The Alexandros T and Others

Court : UK Supreme Court

..... to cause, the subject matter of the two claims is different. the former are claims in tort (or its greek equivalent) and the claim for an indemnity is a claim in contract. as to object, that of the greek proceedings is to establish a liability under greek law akin to tort, whereas, as for example in the case of a ..... of the jurisdiction clauses in the settlement agreement and the policies; (v) damages for breach of the jurisdiction clauses in the policies and cmi settlement agreement; and (vi) an indemnity under clause 3 of that agreement in respect of claims brought by starlight and/or its associated companies in the various greek proceedings; (2) the lmi claim against starlight ( ..... to their contractual obligations and their legal obligations and in particular contrary to the provisions of the insurance contract, providing for the timely payment of the insurance indemnity." 12. they also include the claim that the appellants were asserting and disseminating false information to third parties, although they were aware of their falsity, damaging the claimants' ..... purpose that the underwriters (who were responsible for the payments of the insurance indemnity for the vessel) avoid paying the insurance indemnity, contrary to their contractual obligation and their legal obligation and in particular contrary to provisions of the insurance contract providing for the timely payment of the insurance indemnity " mr crampton then turned to what he called the "[i]ntentional fabrication .....

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May 05 2010 (FN)

Farstad Supply as (Appellant) Vs. Enviroco Limited and Another

Court : UK Supreme Court

..... the pursuer and the party from whom a contribution is sought which provides that party with a defence to the pursuer's claim or entitles him to an indemnity from the pursuer under the contract. difficulty has however been caused by lord president emslie's observation in singer v gray tool co (europe) ltd 1984 slt 149, 150, that section 3(2 ..... from or liabilities towards asco itself. again, that makes no sense of the language. 59) the language therefore operates as a series of indemnities against third party exposure combined with exclusions of direct exposure to the other contracting party. this is both what the heading of clause 33 and what common commercial sense would lead one to expect under a scheme clearly ..... . 33.7 immediately on execution of the charter, and prior to commencement of services, the owner undertakes to exchange mutual hold harmless indemnities in respect of property and personnel with the owner of any offshore installation providing services under contract to any customer and to which the vessel may be ordered by the charterer. 33.8 without prejudice to the provisions of ..... intended to divide risk between the contracting parties. it is unnecessary to consider the position on the unreal hypothesis that clause 33.5 operates as a pure indemnity, enabling farstad to make any claims or demands and to assert any liability it liked as against asco in respect .....

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Mar 28 2012 (FN)

Trigger - Bai (Run Off) Limited (In Scheme of Arrangement) (Appellant) ...

Court : UK Supreme Court

..... during the currency of this policy". the latter promised indemnity against all sums "which the insured may become liable to pay to any employee . in respect of any claim ..... compulsory, the independent wording also contained the further provision ("the elcia extension provision"): "avoidance of certain terms and right of recovery the indemnity granted by section 1 of this policy is deemed to be in accordance with the provisions of any law relating to compulsory insurance of liability ..... of his employment by the insured in connection with the contract specified or type of work described in the schedule". 9. the third mmi policy and the bai policies were in more developed form. the former promises indemnity in respect of legal liability for sums payable as compensation for ..... for injury sustained or disease contracted by such employee" during the period of insurance or any renewal. 10. the insurers ..... bodily injury or disease (including death resulting from such bodily injury or disease) "suffered" by any employee "when such injury or disease arises out of and in the course of employment by the insured and is sustained or contracted .....

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Feb 13 2013 (FN)

In the Matter of Digital Satellite Warranty Cover Limited and Another ...

Court : UK Supreme Court

..... pay the cost incurred by the insured if, in fact, the insured himself pays for the repair or replacement in the first instance. the contract which provides only for repair and replacement, and not for payment of any indemnity, therefore falls within paragraph 16(b)." 19. i agree with this analysis and cannot improve on it. the only contrary argument is that ..... then within subparagraph (c)). i do not consider that there is any material distinction when it comes to determining whether a contract falls within paragraph 16 between a contract which provides only for repair or replacement and one which also provides an indemnity for costs actually incurred by the insured. in each case, the risk covered is essentially the same; it is the ..... themselves. they could do it, she submitted, only by a distinct enactment and then only by identifying distinct additional categories. ms anderson also accepted that class 18 ("assistance"), which covers contracts of insurance providing assistance for "persons who get into difficulties", did extend to those providing benefits in kind. but the authority has not sought to bring the present case within ..... the schedule to the order should be read subject to an implied exclusion of insurance providing for benefits in kind. this is certainly not the position at common law. a contract of insurance is a contract "for .....

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May 08 2014 (FN)

Barnes (as Former Court Appointed Receiver) Vs. the Eastenders Group a ...

Court : UK Supreme Court

..... the assets over which they are appointed [subject to an immaterial exception]. to the extent [that] there is any shortfall, the contracting bodies will not agree to grant indemnities either in full or in part." 21. although the receivership order covered all assets of the defendants, including properties and money in ..... to the builders exceeded the value of the work done. the builders objected that there had not been a total failure of consideration under the contract, since most of the building work had been done, but the court held that there had been a total failure of consideration for the ..... resembles the law of torts (recognising a variety of reasons why a defendant must compensate a claimant for harm) than it does the law of contract (embodying the single principle that expectations engendered by binding promises must be fulfilled)." 103. an important part of this branch of law is concerned ..... statute was that the receiver's right to recover his expenses from the receivership properly applied in every instance (unless different arrangements were made by contract). in those circumstances he concluded that there was no power in the court to make an order against the cps. a1p1: discussion 81. since ..... may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions- a) hold property; b) enter into contracts; c) sue and be sued; d) employ agents; e) execute powers of attorney, deeds or other instruments; f) take any other steps the court .....

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Mar 30 2011 (FN)

Jones (Appellant) Vs. Kaney (Respondent)

Court : UK Supreme Court

..... , the prospect of an action for negligence is unlikely to tempt an expert to disregard his duty to the court. experts can and almost always do obtain professional indemnity insurance to cover the risk of negligence. most of them act honestly and conscientiously because that is what professional men and women do. it follows from what i ..... between landlord and tenant in leasehold valuation, service charge, rent assessment and other such disputes; or between employer and employee in unfair dismissal, redundancy, discrimination and breach of contract cases. but what about cases which are essentially public law proceedings? should the "independent" psychiatrist who is instructed on behalf of the patient in tribunal proceedings under the mental ..... from testifying if immunity were removed most are professional people who are insured or can obtain insurance readily, and those who are not insured can limit their liability by contract. see, for a critical analysis, jurs, the rationale for expert immunity or liability exposure and case law since briscoe: reasserting immunity protection for friendly expert witnesses (2007-2008 ..... justice system: "here most of the required experts are either medically qualified or otherwise qualified in the mental health professions. the majority will be employed under nhs consultant contracts. by contrast to the other justice systems this is a market in which demand exceeds supply. it is thus very sensitive to increasing or newly emerging disincentives. this .....

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Aug 17 2012 (FN)

Servaas Incorporated Vs. Rafidian Bank and Others

Court : UK Supreme Court

..... purpose of meeting the expenditure incurred in the day-to-day running of the diplomatic mission of a foreign state. such expenditure will, no doubt, include some moneys due under contracts for the supply of goods or services to the mission, to meet which the mission will draw upon its current bank account; but the account will also be drawn upon ..... 3(3)(b) of the act. discussion 11. it is not in dispute that the judgment which servaas seeks to enforce arises from the agreement, that it is a commercial contract and that iraq is liable for the debts of the ministry. nor is it in dispute that, although incorporated in iraq and state controlled, rafidain conducted business as a commercial ..... activities as are mentioned in section 3(3) above; " section 3(3) defines "commercial transaction" as meaning: "(a) any contract for the supply of goods or services; (b) any loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation; and (c) any other transaction or activity ..... which takes one back to the comprehensive definition of 'commercial transaction' in section 3(3). paragraph (a) of this tripartite definition refers to any contract for the supply of goods or services, without making any exception for contracts in either of these two classes that are entered into for purposes of enabling a foreign state to do things in the exercise of .....

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Jul 24 2013 (FN)

In the Matter of the Nortel Companies and Another

Court : UK Supreme Court

..... until the employees were dismissed, which was after the company went into liquidation. but the obligation existed before, because the statutory scheme superimposed upon the contract of employment created the legal relationship which made the compensatory notice pay and the redundancy payments due. lord hoffmann, with whom the rest of the committee ..... in the victoria case of lofthouse v commissioner of taxation [2001] 164 flr 106, the statute conferred upon the commissioner an indemnity against the directors of a company if tax payments under the australian equivalent of paye were subsequently held repayable as insolvent transactions (in effect, preferences). the ..... indemnity was contingent upon the tax being determined to be repayable after the employer had gone into liquidation, but the statutory scheme created the ..... the meaning of s 82(1) of the act because the potential liability arose from an obligation pursuant to an indemnity. furthermore, all the objective circumstances giving rise to the potential for the invocation of the chose in action represented by the right to ..... indemnity had transpired prior to the third parties entering into their composition under pt x of the bankruptcy act." 136. in the .....

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