Indemnity Clause in UK Law

  • Wood v Capita Insurance Services Ltd
    • Supreme Court
    • 29 March 2017
    ......It concerns an indemnity clause in an agreement dated 13 April 2010 ("the SPA") for the sale and ......
  • Armitage v Nurse
    • Court of Appeal (Civil Division)
    • 19 March 1997
    ...... are concerned with the true construction of a trustee exemption clause in a settlement and the legitimate scope of such clauses in English law. . ... p.42 Lord Westbury LC challenged counsel to cite a case where an indemnity clause protecting the trustee from his ordinary duty had been held so ......
  • Smith v South Wales Switchgear Company Ltd
    • House of Lords
    • 09 November 1977
    ...... in this appeal is as to the construction to be placed on Clause 23( b ) of the General Conditions. The view of their Lordships as ... that the tests were meant to apply both to exemption and to indemnity clauses. . . 6 It is, however, to be noted that after formulating ......
  • Charter Reinsurance Company Ltd v Fagan
    • House of Lords
    • 22 May 1996
    ....... "1. REINSURANCE CLAUSE This Reinsurance is to pay all losses howsoever ... are described: the perils insured against; the measure of indemnity; the duration of the cover; and the premium. Clause 1, read together with ......
  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 November 2015
    ...... a sum representing a genuine pre-estimate of damages and a penalty clause in which the sum was out of all proportion to any damages liable to be ...It forfeited an accrued right to indemnity permanently. Clauses of this kind are potentially harsher than those which ......
  • Post Office v Norwich Union Fire Insurance Society Ltd
    • Court of Appeal (Civil Division)
    • 18 January 1967
    ...... 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 ... 825: "The assured cannot recover anything under the main indemnity clause or make any claim against the underwriters until the assured have been ......
  • HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
    • Court of Appeal (Civil Division)
    • 21 May 2001
    ......It is of a class called "pecuniary loss indemnity" insurance. In essence it provides collateral for film finance. The peril ... UK Law and Jurisdiction… Cross Collaterolisation [sic] Clause to be agreed L/U only. INFORMATION: Revenue from all films ......
  • Bradley v Eagle Star Insurance Company Ltd
    • House of Lords
    • 02 March 1989
    ...... being so, there was not, and could not now ever be, any right of indemnity of Dart Mill Ltd. against the respondents in respect of any such ...] 'The assured cannot recover anything under the main indemnity clause or make any claim against the underwriters until they have been found ......
  • Vandepitte v Preferred Accident Insurance Corporation of New York
    • Privy Council
    • 06 October 1931
    ...... if the judgment had been satisfied.’ Under the policy, the indemnity to the owner was also ‘available in the same manner and under the same ...E. Berry as trustee for Miss Berry. . 8 The clause relied upon, by which the indemnity under section E becomes available for ......
  • Raiffeisen Zentralbank Osterreich AG v Five Star General Trading LLC and Others
    • Court of Appeal (Civil Division)
    • 26 January 2001
    ...... not less than 120% of the loan), entered in a protection and indemnity association or club, insured against oil pollution risks and insured st excess and war risks (clause 5.1). RZB was to approve in advance the markets with which such insurances ......
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