Staughton LJ, giving the leading judgment in this court said: ‘Once one has reached the conclusion that the words ‘and no other’ are necessarily implied in Article 12(5) the problem disappears. There is no need to decide the point which was so elaborately argued before the judge and before us as to the meaning of the words in so far as’ the owners say that they mean in ordinary English and in this convention ‘to the extent that’, the insurers say that they mean ‘if’ or ‘provided that’.
In correct usage it is no doubt right that the words ‘in so far as’ mean ‘to the extent that’. But correct usage is not always followed. One can compare the similar words ‘in as much as’, which are sometimes used to mean ‘because’ or ‘whereas’.’
‘Once one has reached the conclusion that the words ‘and no other’ are necessarily implied in Article 12(5) the problem disappears. There is no need to decide the point which was so elaborately argued before the judge and before us as to the meaning of the words in so far as’ the owners say that they mean in ordinary English and in this convention ‘to the extent that’, the insurers say that they mean ‘if’ or ‘provided that’.
In correct usage it is no doubt right that the words ‘in so far as’ mean ‘to the extent that’. But correct usage is not always followed. One can compare the similar words ‘in as much as’, which are sometimes used to mean ‘because’ or ‘whereas’.’
Judges:
Staughton LJ
Citations:
[1993] 2 Lloyd’s Rep 551
Jurisdiction:
England and Wales
Citing:
Appeal from – Charman v WOC Offshore DV 1983
Hirst considered articles 11 and 12(5) of Brussels Convention on jurisdiction and the words ‘in so far as it covers one or more of the risks’ meant ‘to the extent that it covers one or more of the risks’.
The words ‘in so far as it covers one . .
Cited by:
Cited – Nwabueze v University of Law Ltd and Others CA 13-Nov-2020
No ET Jurisdiction for Non-employment claim
The claimant appealed against rejection of her claim for discrimination which she had brought in the Employment Tribunal rather than the County Court.
Held: The appeal failed: ‘if a body is a governing body of a university this displaces its . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 08 April 2022; Ref: scu.656224