The claimant sought payment under their insurance policy for damage from interruption to their business after the terrorist attack in New York on September 11, 2001. Proceedings had also been commenced in jurisdictions in the US.
Held: This was not a case where jurisdiction was resolved as of right, and it was for the defendant to establish that the UK was the proper forum. The need to construe different parts of the policy and overlapping policies in one jurisdiction, and the locus of the business and loss all were factors suggesting that the natural forum would be in the US. Order accordingly.
Judges:
The Honourable Mr Justice Langley
Citations:
[2004] EWHC 2139 (Comm), [2005] Lloyd’s Rep IR 110
Links:
Jurisdiction:
England and Wales
Citing:
Cited – New Hampshire Insurance Company and others v Phillips Electronics North America Corporation CA 16-May-1997
In the context of applications for negative declarations: ‘1. There is power to grant a negative declaration in an appropriate case, the fundamental test being whether it would be useful. 2. However, careful scrutiny will be exercised not only to . .
Lists of cited by and citing cases may be incomplete.
Insurance, Jurisdiction
Updated: 03 September 2022; Ref: scu.214617