MDIS Ltd v Swinbank
| Jurisdiction | England & Wales |
| Date | 1999 |
| Year | 1999 |
| Court | Queen's Bench Division (Commercial Court) |
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8 cases
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Encia Remediation Ltd v Canopius Managing Agents Ltd
...the context of the policy as a whole, (iii) which must in its turn be set in its surrounding circumstances or factual matrix. (see Clarke LJ in MDIS v Swinbank [1999] Lloyd's Rep I & R. 516 at 521 para 7ANALYSIS AND CONCLUSIONS I apply the legal principles set out above. I turn to consider ......
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Bedfordshire Police Authority v David Constable
...to Construction 16 In commercial cases of this kind it is helpful to have in mind dicta of Clarke LJ (as he then was) in two cases. In MDIS Ltd v Swinbank [1999] 2 All ER (Comm.) 722, 728, he said “…in any process of construction it is appropriate to take the language of the particular clau......
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Omega Proteins Ltd v Aspen Insurance UK Ltd
...which the third party happens to make. If that were so, it would have the consequence that, as Judge LJ said of an argument advanced in MDIS v Swinbank [1999] Lloyd's Rep IR 516 at 525 (as to which see paras 41–48 below): “the contractual entitlement of the underwriters to seek exemption f......
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Enterprise Oil Ltd v Strand Insurance Company Ltd
... ... that my conclusion is supported by the reasoning of Mance J (as he then was) and the Court of Appeal in McDonnell Information Systems Ltd v Swinbank and others. 38 In that case the court had to deal with a preliminary issue of construction of a liability policy on which the claimant computer ... 40 ... 72 The importance of the decision of Mance J and the Court of Appeal in the MDIS case lies in the approach they took to the nature of the liability policy. All, including Peter Gibson LJ, started from the proposition that, in the ... ...
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