Welcome to the twenty-seventh edition of Clyde & Co's
(Re)insurance and litigation caselaw weekly updates for 2012.
These updates are aimed at keeping you up to speed and
informed of the latest developments in caselaw relevant to your
practice.
Faraday Reinsurance v Howden North America &
Anor
Whether trial judge precluded from deciding applicable law in an
insurance dispute
http://www.bailii.org/ew/cases/EWCA/Civ/2012/980.html
The first instance decision in this case was reported in Weekly
Update 39/11. Insurers had commenced proceedings against their
American insured seeking a declaration that the policy was governed
by English law and subject to the jurisdiction of the English
courts. The judge granted this declaration. In so doing, he
rejected an argument that the English proceedings were not
justified and did not serve a useful purpose and the insured
appealed against that part of his judgment.
