Indemnity Clause in UK Law

Leading Cases
  • Post Office v Norwich Union Fire Insurance Society Ltd
    • Court of Appeal (Civil Division)
    • 18 Ene 1967

    It seems to me that the insured only acquires a right to sue for the money when his liability to the injured person has been established so as to give rise to a right of indemnity. His liability to the injured person must be ascertained and determined to exist, either by judgment of the Court or by an award in an arbitration or by agreement. Until thatis done, the right to an indemnity does not arise.

  • Thompson v T. Lohan (Plant Hire) Ltd
    • Court of Appeal (Civil Division)
    • 03 Feb 1987

    "We are invited to regard clause 8 as an exemption clause limiting the owners' general liability for Best and therefore to be read narrowly against them within the principles set out in Alderslade v. Hendon Laundry Ltd. Those principles may well apply to clause 13 which is a general indemnity clause, and may, for the reasons put forward in argument, not suffice in the present case to help the owners if they are unable by virtue of clause 8 to put the liability on the hirers.

  • Socony Mobil Oil Company Inc. v West of England Ship Owners Mutual Insurance Association (London) Ltd (No 2) (Padre Island)
    • House of Lords
    • 14 Jun 1990

    I accept that, at common law, a contract of indemnity gives rise to an action for unliquidated damages, arising from the failure of the indemnifier to prevent the indemnified person from suffering damage, for example, by having to pay a third party. I accept that, at common law, a contract of indemnity gives rise to an action for unliquidated damages, arising from the failure of the indemnifier to prevent the indemnified person from suffering damage, for example, by having to pay a third party.

  • Smith v South Wales Switchgear Company Ltd
    • House of Lords
    • 09 Nov 1977

  • Armitage v Nurse
    • Court of Appeal (Civil Division)
    • 19 Mar 1997

    I accept the submission made on behalf of Paula that there is an irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust. If the beneficiaries have no rights enforceable against the trustees there are no trusts.

  • ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2)
    • Supreme Court
    • 02 May 2012

    Like all questions of causation, this one is sensitive to the legal context in which it arises. It depends on the intended scope of the indemnity as a matter of construction, which is necessarily informed by its purpose. If the charterers' order was an effective cause in this sense, it does not matter whether it was the only one.

    The general contractual context in my view also supports a conclusion that the express indemnity clause is inapt to apply to the present situation. Clause 8 of the charterparty gives owners a simple contractual option. It is accepted that the mere late payment of one instalment did not constitute a repudiatory breach (or a breach of a condition in a sense like that used in the Sale of Goods Act 1979) which could entitle the owners to damages for loss of the charter.

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Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... (2) Section 65 does not affect the validity of any discharge or indemnity given by a person in consideration of the receipt by that person of ... in price) do not include a term which is a price-indexation clause (where otherwise lawful), if the method by which prices vary is explicitly ......
  • Commercial Agents (Council Directive) Regulations 1993
    • UK Non-devolved
    • 1 de Enero de 1993
    ...... 17 Entitlement of commercial agent to indemnity or compensation on termination of agency contract . 18 Grounds for ... 20 Restraint of trade clauses . PART V . Miscellaneous and Supplemental . 21 Disclosure of ......
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ......reasonableness. S-4 . Unreasonable indemnity clauses. 4 Unreasonable indemnity clauses. . (1) A person dealing as ......
  • The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ......(9) Schedule 5 (model clauses for methane drainage licences) is amended as follows. . (10) In clause .... (18) In clause 10 (indemnity against third party claims), for “Minister” (in both places) ......
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Books & Journal Articles
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Law Firm Commentaries
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