Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor

Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor

The calls under the guarantees were valid and compliant with the contractual requirements, and any arguable defects in form or service were expressly waived by NWIC. Camrisk's advice to Crown was correct and did not cause loss. Crown is entitled to judgment against NWIC for the full sum claimed, and the claim against Camrisk fails.

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/insurance Dispute / Final Judgment After Trial
Outcome
claim against NWIC succeeds; claim against Camrisk dismissed
Legal Topics
Guarantee Enforcement, Variation of Contract, Agency, Duty of Care, Waiver, Estoppel, Causation of Loss
Contract Law Insurance Law Professional Negligence Guarantee Enforcement Variation of Contract Agency Duty of Care Waiver +2 more

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Parties

Crown Aluminium Limited

Claimant

Northern & Western Insurance Company Limited

First Defendant

Cambridge Risk Advisors Limited

Second Defendant

Procedural Posture

Commercial/insurance Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Were the calls under the guarantees valid and compliant with the contractual requirements?
  2. 2 Did Camrisk owe and breach a duty of care to Crown in advising on the calls?
  3. 3 Did NWIC waive any defects in the notices?

Ratio Decidendi

The calls under the guarantees were valid and compliant with the contractual requirements, and any arguable defects in form or service were expressly waived by NWIC. Camrisk's advice to Crown was correct and did not cause loss. Crown is entitled to judgment against NWIC for the full sum claimed, and the claim against Camrisk fails.

Court Disposition

claim against NWIC succeeds; claim against Camrisk dismissed

Orders

  • Judgment for Crown against NWIC for £187,268 plus interest and costs.
  • Claim against Camrisk dismissed.