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Clause 4.1.5 of the English Institute Clauses 1983
Clause 4.1.5 of the English Institute Clauses 1983
As I shall explain, the terms of clause 4.1.5 of the English Institute War and Strikes Clauses 1983 played a part in the judge’s reasoning. Accordingly I set out side-by-side exclusion 1(e) in the American clauses and clause 4.1.5 of the English clauses so that the similarities and differences between the two clauses can be seen:
American exclusion 1(e) | English clause 4.1.5 |
This insurance does not cover any loss, damage or expense caused by, resulting from, or incurred as a consequence of: … (e) Arrest, restraint or detainment under customs or quarantine regulations and similar arrests, restraints or detainments not arising from actual or impending hostilities. | This insurance excludes: … 4.1.5 arrest restraint detainment confiscation or expropriation under quarantine regulations or by reason of infringement of any customs or trading regulations. |
- Heading
- LORD JUSTICE MALES
- Background
- The reason for the detention of the vessel
- The policy
- Clause 4.1.5 of the English Institute Clauses 1983
- The judgment – exclusion 1(e)
- The appellants’ submissions – exclusion 1(e)
- Analysis – exclusion 1(e)
- Customs regulations
- Quarantine regulations
- ‘Under’ and ‘by reason of the infringement of’
- ‘and similar’
- The duty of fair presentation
- The criminal charges against Mr Bairactaris
- Relevant provisions of the Insurance Act 2015
- Extraneous materials
- The judgment – duty of fair presentation
- The appellants’ submissions – duty of fair presentation
- Analysis – duty of fair presentation
- Ought to know
- Should reasonably have been revealed
- Inducement and remedy
- The Respondents’ Notice
- Conclusions