Aspen Underwriting Ltd & Ors v Kairos Shipping Ltd & Ors

Aspen Underwriting Ltd & Ors v Kairos Shipping Ltd & Ors

The Bank is not bound by the exclusive jurisdiction clauses in the Settlement Agreement or Policy; the claim for damages for misrepresentation is a matter relating to tort and the harmful event occurred in England, so the English court has jurisdiction over that claim, but not over the claim in restitution.

Parties
Claimants: Aspen Underwriting Limited and Others; First Defendant: Kairos Shipping Limited; Second Defendant: Zigana Gemi Isletmeleri AS; Third Defendant: Credit Europe Bank NV
Jurisdiction
England and Wales
Judgment Date
27 July 2017
Procedural Posture
Commercial Court Claim / Ruling on Jurisdictional Challenge
Outcome
Jurisdiction established for tort claim; no jurisdiction for restitution claim.
Legal Topics
Jurisdiction Under Brussels Regulation, Exclusive Jurisdiction Clauses, Assignment of Insurance Policies, Misrepresentation, Restitution
Insurance Law Civil Procedure Conflict of Laws Jurisdiction Under Brussels Regulation Exclusive Jurisdiction Clauses Assignment of Insurance Policies Misrepresentation Restitution

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Parties

Aspen Underwriting Limited and Others

Claimants

Kairos Shipping Limited

First Defendant

Zigana Gemi Isletmeleri AS

Second Defendant

Credit Europe Bank NV

Third Defendant

Procedural Posture

Commercial Court Claim / Ruling on Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim against Credit Europe Bank NV under the Brussels Regulation
  2. 2 Whether the Bank is bound by the exclusive jurisdiction clause in the Settlement Agreement or Policy
  3. 3 Whether the claims relate to tort or insurance under the Regulation

Ratio Decidendi

The Bank is not bound by the exclusive jurisdiction clauses in the Settlement Agreement or Policy; the claim for damages for misrepresentation is a matter relating to tort and the harmful event occurred in England, so the English court has jurisdiction over that claim, but not over the claim in restitution.

Court Disposition

Jurisdiction established for tort claim; no jurisdiction for restitution claim.

Orders

  • The English court has jurisdiction over the claim for damages for misrepresentation against Credit Europe Bank NV.
  • The English court does not have jurisdiction over the claim in restitution against Credit Europe Bank NV; such claim must be pursued in the Netherlands.