North Star Shipping Ltd. & Ors v Sphere Drake Insurance Plc & Ors

North Star Shipping Ltd. & Ors v Sphere Drake Insurance Plc & Ors

The claimants failed to adequately plead and particularise their claim for sue and labour expenses as a separate cause of action, and it is now too late and unfair to allow amendment; therefore, the claim for sue and labour expenses must be struck out.

Parties
Claimant: North Star Shipping Ltd and others; Defendant: Sphere Drake Insurance plc and others
Jurisdiction
England and Wales
Judgment Date
27 October 2004
Procedural Posture
Commercial Insurance Dispute / Interlocutory Application—application to Strike Out Claim for Sue and Labour Expenses
Outcome
Claim for sue and labour expenses struck out
Legal Topics
Pleading Requirements, Sue and Labour Clause, Constructive Total Loss, Striking Out Pleadings
Insurance Law Maritime Law Civil Procedure Pleading Requirements Sue and Labour Clause Constructive Total Loss Striking Out Pleadings

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Parties

North Star Shipping Ltd and others

Claimant

Sphere Drake Insurance plc and others

Defendant

Procedural Posture

Commercial Insurance Dispute / Interlocutory Application—application to Strike Out Claim for Sue and Labour Expenses

Legal Issues

  1. 1 Whether the claimants adequately pleaded their claim for sue and labour expenses under the marine insurance policy
  2. 2 Whether the claim for sue and labour expenses should be struck out for lack of proper particularisation

Ratio Decidendi

The claimants failed to adequately plead and particularise their claim for sue and labour expenses as a separate cause of action, and it is now too late and unfair to allow amendment; therefore, the claim for sue and labour expenses must be struck out.

Court Disposition

Claim for sue and labour expenses struck out

Orders

  • Such part of paragraph 10 of the Re-Amended Points of Claim as refers to sue and labour expenses is struck out