Leyland Shipping Company, Ltd v Norwich Union Fire Insurance Society, Ltd

JurisdictionUK Non-devolved
Judgment Date31 January 1918
Judgment citation (vLex)[1918] UKHL J0131-1
CourtHouse of Lords
Date31 January 1918
Leyland Shipping Company, Limited
and
Norwich Union Fire Insurance Society, Limited.

[1918] UKHL J0131-1

House of Lords

1

After hearing Counsel, as well on Monday the 10th, as Tuesday the 11th, and Thursday the 13th, days of December last, upon the Petition and Appeal of Leyland Shipping Company, Limited, of 54 Browns Buildings, Liverpool, in the County of Lancaster, praying, that the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 26th of February 1917, might be reviewed...

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138 cases
  • TKC London Ltd v Allianz Insurance Plc
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 15 Octubre 2020
    ...22 See paragraph 19 above. 23 Birds, Lynch and Paul, MacGillivray on Insurance Law (14 th edn, Sweet & Maxwell 2018) at [21-001]. 24 [1918] AC 350 (HL) at 363, per Lord Dunedin, and at 369–370, per Lord 25 MacGillivray on Insurance Law (fn 23 above) para [27–013]. See also DeSouza v Home & ......
  • ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2)
    • United Kingdom
    • Supreme Court
    • 2 Mayo 2012
    ...and I can see no reason for treating it differently from any other contract of insurance. The observations of Lord Shaw in The Ikaria [1918] AC 350, 368 and the dicta he there cites are also in point." 40 The search is therefore for the proximate cause. Devlin J cited Reischer v Borwick [18......
  • Global Process Systems Inc. and Another v Syarikat Takaful Malaysia Berhad (The "Cendor MOPU")
    • United Kingdom
    • Supreme Court
    • 1 Febrero 2011
    ...it is now well settled that this is not the test for proximate cause: Leyland Shipping Co Ltd v Norwich Union Fire Insurance Society Ltd [1918] AC 350. The proximate cause is that which is proximate in efficiency; and, as Bingham LJ put it in T M Noten BV v Harding [1990] Lloyd's Rep 283, 2......
  • Gray v Barr
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 Marzo 1971
    ...that the loss was due to the torpedoing and not to perils of the sea: see Leyland Shipping Co. v. Norwich Union Fire Insurance Society (1918 A. C. 350). And when a ship was scuttled by the crew so that sea water entered and she sank, it was held that the loss was due to the scuttling, and n......
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3 firm's commentaries
3 books & journal articles
  • The Insurance Act 2015: Rebalancing the Interests of Insurer and Assured
    • United Kingdom
    • Wiley The Modern Law Review No. 78-6, November 2015
    • 1 Noviembre 2015
    ...any causal connection63 Report 353, n 10 above at [15.3] and [16.11].64 Leyland Shipping Co Ltd vNorwich Union Fire Insurance Society Ltd [1918] AC 350.65 Confirmed in Bank of Nova Scotia vHellenic Mutual War Risk Association (Bermuda) Ltd, The GoodLuck [1991] 2 Lloyd’s Rep 191.66 Kirkaldy &......
  • Caribbean terror. A legal analysis of the allocation of property losses in insurance contracts in the context of terrorist activity
    • United Kingdom
    • Emerald Journal of Financial Crime No. 18-4, October 2011
    • 11 Octubre 2011
    ...v. Compensation Tribunal & Anor, [1966] 1AllER 769 at 775.59. Leyland Shipping Co. Ltd v. Norwich Union Fire Insurance Society Ltd, [1918] A.C. 350 perLord Sumner at 366-371.60. Boggan v. Motor Union Insurance Co. (1923) 16 L.R. 64.61. Crozier v. Thompson (1922) 12 L.R. 291.62. Johnson v. P......
  • Proximate Causation in Insurance Law
    • United Kingdom
    • Wiley The Modern Law Review No. 68-2, March 2005
    • 1 Marzo 2005
    ...of the policy, and the defective goods, which was not ^ the insurers were11 LeylandShipping CoLtd vNorwichUnionFire Insurance SocietyLtd [1918] AC 350, 353, 371; Board ofTradevHainSteamship Co Ltd [1929] AC 534,541.12 WayneTank and Pump Co Ltd vEmployers’ LiabilityAssurance Corpn Ltd[1974] ......

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