England and Wales Case Law

The Russian Aircraft Litigation - Operator Policy Claims (Rev1)

The Russian Aircraft Litigation - Operator Policy Claims (Rev1) [2026] EWHC 1134 (Comm) (13 May 2026)

The High Court struck out contribution claims by LP insurers against OP insurers in the Russian aircraft litigation, holding the payments did not discharge the OP insurers’ liability.

• Contribution between insurers
• Double insurance
• Subrogation
• Indemnity and reimbursement
• Civil liability (contribution) act 1978
• Primary and secondary liability

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The Russian Aircraft Litigation - Operator Policy Claims

The High Court struck out contribution claims by LP insurers against war risk underwriters, holding the insurers’ payments did not discharge the underwriters’ liability.

• Contribution between insurers
• Double insurance
• Subrogation
• Civil liability (contribution) act 1978
• Indemnity/reimbursement
• Insurance-law

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Sangeeta Mittal v Barclays Bank Plc & Ors

The High Court partly allowed an amendment application in a property dispute, permitting proprietary estoppel and constructive trust claims, but refusing a challenge to receivers' appointment.

• Proprietary estoppel
• Constructive trusts
• Overriding interests
• Amendment of pleadings
• Joinder of parties
• Subrogation

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Mittal v Barclays Bank PLC & Ors

Mittal v Barclays Bank PLC & Ors [2026] EWHC 1029 (Ch) (01 May 2026)

The court allowed amendment of a property claim to plead proprietary estoppel and constructive trust, but refused a challenge to receivers’ appointment and deferred rescission issues.

• Proprietary estoppel
• Constructive trust
• Overriding interests
• Amendment of pleadings
• Subrogation
• Receivership

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G2 Ocean AS v Tokio Marine Brasil Seguradora SA

G2 Ocean AS v Tokio Marine Brasil Seguradora SA [2026] EWHC 997 (Comm) (23 April 2026)

The Commercial Court granted an anti-suit injunction enforcing a London arbitration clause, found the clause incorporated into bills of lading, and ordered US$85,000 security.

• Anti-suit injunction
• Arbitration agreement incorporation
• Subrogation
• Service out of jurisdiction
• Alternative service
• Anti-suit-injunction

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G2 Ocean AS v Tokio Marine Brasil Seguradora SA

The High Court granted a without-notice anti-suit injunction restraining Brazilian proceedings, finding an English arbitration clause was incorporated into the bills of lading.

• Anti-suit injunction
• Contractual incorporation
• Subrogation
• Service out of jurisdiction
• Alternative service
• Anti-suit-injunction

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Minh v Da Guang Tankers (Private) Ltd & Anor Re: OCEAN UNICORN

Minh v Da Guang Tankers (Private) Ltd & Anor Re: OCEAN UNICORN [2026] EWHC 793 (Admlty) (02 April 2026)

The Admiralty Registrar held that Clyde & Co had authority from the claimant, but breached a warranty by wrongly stating they were instructed by insurers, causing wasted costs.

• Wasted costs
• Breach of warranty of authority
• Solicitor's authority
• Subrogation
• Jurisdiction agreements
• Wasted-costs

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Novitas Loans Ltd v AmTrust Specialty Ltd

Novitas Loans Ltd v AmTrust Specialty Ltd [2026] EWHC 592 (Comm) (16 March 2026)

Commercial Court judgment on preliminary issues from a failed litigation funding scheme, addressing ATE and PI insurance coverage, aggregation, duties, and subrogation.

• Professional indemnity insurance coverage
• After-the-event (ate) insurance
• Subrogation rights
• Aggregation of claims
• Duties of solicitors under tobas
• Restitution

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Novitas Loans Limited v AmTrust Europe Limited

Disclosure issues relating to individual claims are unnecessary as Generic Issues 13 and 14 are to be determined by reference to assumptions, not factual findings; therefore, such disclosure should not be ordered.

Source excerpt

• Subrogation
• Disclosure
• Indemnity
• Ate policies

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Russian Aircraft Lessor Policy Claims, Re

The Commercial Court held that leased aircraft and engines were lost on 10 March 2022 by reason of Russian government restraint/detention, triggering contingent war risks cover.

• War risks exclusion
• All risks insurance
• Proximate cause
• Subrogation
• Sanctions (eu/us)
• Policy construction

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