Commercial Court

[2025] EWHC 1430 (Comm)

Fecha: 11-Jun-2025

Conclusions

Overall Conclusions

1079.

For the reasons I have endeavoured to express, I conclude:

(1)

The Aircraft were lost on 10 March 2022.

(2)

The proximate cause of their loss was the coming into force of GR 311. GR 311 was a ‘restraint’ or ‘detention’ within the Government Perils of the WR cover of each of the Claimants. The loss of the Aircraft was not proximately caused by an AR Peril.

(3)

Each Claimant may, subject to (4) and (5) below, recover in respect of its lost Aircraft and engines under the Contingent Cover of its Policy(ies). No Claimant has a valid claim under the Possessed Cover of its Policy(ies).

(4)

Genesis’s claim in relation to the proportion of its WR Cover underwritten by TMK Syndicate 510 fails.

(5)

Most issues of quantum have been capable of resolution at this stage, as set out above; but in respect of some limited issues, it will be necessary for these to be resolved, if they remain in issue, at a further hearing.

1080.

I hope that the parties will be able to agree an order embodying the conclusions in this judgment.

1081.

I wish to thank the representatives of all parties for the degree of cooperation and expertise shown in the preparation and presentation of what, by any standards, was an unusually demanding piece of litigation.