The burden is on Underwriters to bring themselves within an exclusion clause they seek to rely on.
Lord Denning distinguished between what might be described as justified or ‘connected’ political interference on the one hand and unjustified or unconnected interference on the other: ‘Yet again, if there were evidence of political interference with the course of justice – so that the court acted on the instructions of the politicians and not on its own judgment – it might be different. I can conceive of some instructions which would not render the confiscation invalid. For instance, if the government were to say to the court: ‘Smuggling is very prevalent and serious. The penalties should be more severe’: there would be nothing sinister in it. But, if there was direct intervention by politicians commanding the court to confiscate the vessel, without any foundation for it, then, of course, the loss would not be covered: because the confiscation would not be by reason of customs regulations, but by reason of the political interference.’
Lord Denning MR
[1971] 1 Loyd’s Rep 487, [1971] 1 WLR 882
England and Wales
Cited by:
Cited – Sunport Shipping Limited, Prometheus Maritime Corporation, Celestial Maritime Corporation, Surzur Overseas Limited v Tryg-Baltica International (UK) Ltd (Formerly Know As Colonia Baltica Insurance Ltd) and others CA 24-Jan-2003
(The ‘Kleovoulos of Rhodes’) A large quantity of cocaine was discovered by divers behind a grille in a sea chest at the vessel’s discharge port, Aliveri – having been placed there by unknown third persons at the load port in Colombia, South America. . .
Cited – Navigators Insurance Company Ltd and Others v Atlasnavios-Navegacao Lda SC 22-May-2018
The vessel had been taken by the authorities in Venezuela after drugs were found to have been attached to its hull by third parties. Six months later it was declared a constructive total loss. The ship owners now sought recovery of its value from . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2021; Ref: scu.181624
