Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor [2011] EWHC 1352 (TCC) (26 May 2011)

Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor [2011] EWHC 1352 (TCC) (26 May 2011)

The calls under the three guarantees were valid as the only documents required were the guarantees and invoices, given the construction of the guarantees. Any arguable defects in the form or service of the notices were expressly or impliedly waived by NWIC's conduct. Crown is entitled to judgment against NWIC for the full sum claimed. The claim against Camrisk fails as there was no breach of duty and no causative loss.

Citation
[2011] EWHC 1352 (TCC)
Parties
Claimant: Crown Aluminium Limited; First Defendant: Northern & Western Insurance Company Limited; Second Defendant: Cambridge Risk Advisors Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2011
Procedural Posture
Commercial Claim (trade Credit Guarantees and Professional Negligence) / High Court Trial Judgment
Outcome
Claim against NWIC succeeds; claim against Camrisk dismissed.
Legal Topics
Trade Credit Guarantees, Variation of Contract Terms, Notice Requirements Under Guarantees, Agency and Authority, Waiver of Contractual Requirements, Professional Negligence by Insurance Brokers
Commercial Law Insurance Law Contract Law Professional Negligence Trade Credit Guarantees Variation of Contract Terms Notice Requirements Under Guarantees Agency and Authority +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Crown Aluminium Limited

Claimant

Northern & Western Insurance Company Limited

First Defendant

Cambridge Risk Advisors Limited

Second Defendant

Procedural Posture

Commercial Claim (trade Credit Guarantees and Professional Negligence) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the calls under the guarantees complied with the terms of the guarantees as varied or original
  2. 2 Whether Camrisk acted as agent for NWIC or owed a duty of care to Crown
  3. 3 Whether Camrisk was negligent in advising Crown on the form and content of the calls under the guarantees

Ratio Decidendi

The calls under the three guarantees were valid as the only documents required were the guarantees and invoices, given the construction of the guarantees. Any arguable defects in the form or service of the notices were expressly or impliedly waived by NWIC's conduct. Crown is entitled to judgment against NWIC for the full sum claimed. The claim against Camrisk fails as there was no breach of duty and no causative loss.

Court Disposition

Claim against NWIC succeeds; claim against Camrisk dismissed.

Orders

  • Judgment for Crown Aluminium Limited against Northern & Western Insurance Company Limited for £187,268 plus interest.
  • Claim against Cambridge Risk Advisors Limited dismissed.