This blog was co-authored by Adrienne Hendricks (Trainee Associate).

An insurance company entered into a financial service agreement with the first respondent close corporation. The second respondent bound herself as surety and co-principal debtor to the insurance company through a deed of suretyship. Pursuant to the deed of suretyship, the insurance company sought payment from…

In February 2025, the English High Court in Tanga Pharmaceuticals Plastics Limited and others (the claimants) versus Emirates Shipping Line FZE (the defendant) rejected the defendant’s request for summary judgment and in doing so upheld the time-bar provisions contained in the Hague Rules incorporated into the bills of lading. The claimant’s claims to recover its…

An April 2024 judgment of the Federal Court of Australia decided that a subcontractor on a contract site was entitled to recover under the principal contractor’s insurance policy because it was a party “for whom the insured undertakes to insure for their respect rights, interests and liabilities”. In doing so, the court resolved conflicting provisions…

A February 2025 judgment of the high court addressed the issue of arbitration and prescription in a case involving whether a claim for unpaid rent had prescribed and whether the arbitration process affected the running of prescription. The court found that the claim had not prescribed, and that the arbitration proceedings had interrupted the running…

In March 2025 a Georgia USA court held that a professional indemnity insurer had no duty to defend nor indemnify an orthopaedic surgery centre and one of its surgeons against a medical malpractice claim for failed spinal surgery because the policy excluded incidents previously reported to another insurer, which had been the case.

The policy…

In March 2025, the UK Court of Appeal found that a provision in a warehousekeeper’s policy that it was a condition precedent to the insurer’s liability that during the currency of the policy the warehousekeeper “continuously trades under the conditions declared and approved by underwriters in writing” was a future warranty not a representation. The…

In December 2024 the English high court held that a clause requiring the parties to use “reasonable endeavours” to agree a binding process for an expert determination to value and divide disputed businesses was an unenforceable agreement to agree.

The disputing parties entered into a settlement agreement to resolve litigation which was ongoing at the…