Claim No: CL-2022-000527 - [2025] EWCA Civ 1387

I can deal with this ground very briefly in the light of what I have already said. The Owner and the Club argued in their skeleton that the general terms and conditions in part 5 of the Booklet formed no part of the Policy. They relied, amongst other things, on the fact that part 1 of the Booklet did not refer expressly to part 5 of the Booklet, whilst part 2 of the Booklet did refer to it.

In my judgment, it is entirely unsustainable to suggest that part 5 of the Booklet was not, as a matter of fair interpretation, incorporated into the Policy. It is ironic that, for its main arguments, the Owner and the Club relied strongly on the hierarchy clause in section 25 (which appeared in part 5), yet they say, under this heading, that part 5 was not incorporated at all.

The Certificate referred under the heading “Conditions” to “as per Marine Liability Policy for Charterers 1-2017 as attached”. The Booklet is entitled on its front page with the same words “Marine Liability Policy for Charterers - 1-2017”, making it clear that the Booklet was part of the Policy. The Certificate also identified the part of the Booklet that provided the Charterer’s liability cover, which was “Charterers’ Liability including Liabilities for damage to Hull - Class 1”. The Booklet referred to that coverage in part 1. Without part 5 of the Booklet, the Policy would have been devoid of the normal terms and conditions of marine insurance, many of which have been specifically relied upon by the Owner and the Club both in this court and before the judge.

It was obvious on a fair reading of the Certificate alongside the Booklet that parts 1 and 5 of the Booklet were applicable to the Policy. I would dismiss this ground of appeal.