The claimant claimed to have bought what he believed to be a genuine Faberge Egg Clock, but which his insurers said was a copy. It was loaned to an exhibition, and insured, and damaged twice. The parties disagreed as to the disappreciation value, and the shipper’s insurers denied that the claimant was the owner.
Held: The claimant had brought insufficient evidence of his ownership to found a claim against the underwriters, and the evidence was that the clock was not an original Faberge clock, and there was no generally accepted view that it was an original, and the owner’s view of it was irrelevant.
Judges:
Tomlinson J
Citations:
[2008] EWHC 1483 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Rustenburg v PanAm 1977
Theft was alleged against persons who were not party to the action. The court considered whether the allegation should be allowed to go ahead to trial without them having opportunity to take part. . .
Cited – Midland Silicones Ltd v Scruttons Ltd HL 6-Dec-1961
The defendant stevedores, engaged by the carrier, negligently damaged a drum containing chemicals. When the cargo-owners sued in tort, the stevedores unsuccessfully attempted to rely on a limitation clause contained in the bill of lading between the . .
Cited – Lowenstein and Co Limited v Durable Wharfage Co Limited 1973
. .
Cited – Southampton Cargo Handling Plc v Lotus Cars Limited and others Associated British Ports (the ‘Rigoletto’) CA 31-Jul-2000
. .
Cited – P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation CA 12-Feb-2003
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party.
Held: The shippers as the bank’s principals . .
Cited – Economides v Commercial Union Assurance Co Plc CA 22-May-1997
The insured represented to the insurers that to ‘the best of his knowledge and belief’ the full cost of replacing all the contents in his flat as new was pounds 16,000. He contended that that meant that he honestly believed that pounds 16,000 was . .
Cited – Wincanton Ltd v P and O Trans European Ltd CA 15-Feb-2001
Dyson LJ discussed the responsibilities of a bailee: ‘The critical question is always whether the parties agreed or intended (expressly or impliedly) that the obligations of the intermediate bailee should continue after he has parted with possession . .
Lists of cited by and citing cases may be incomplete.
Insurance, Media
Updated: 01 April 2022; Ref: scu.270463
