MDIS Ltd v Swinbank

JurisdictionEngland & Wales
Date1999
Year1999
CourtQueen's Bench Division (Commercial Court)

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9 cases
  • Bedfordshire Police Authority v David Constable
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 February 2009
    ...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......
  • Encia Remediation Ltd v Canopius Managing Agents Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 24 April 2007
    ...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 consi......
  • Astrazeneca Insurance Company Ltd v XL Insurance (Bermuda) Ltd and Another
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 28 February 2013
    ...could properly be made liable for the costs of the action, to refuse to pay the claim." 47 As Clarke LJ noted in MDIS v Swinbank [1999] Lloyd's Rep IR 516 at 524, Devlin J was there essentially reiterating the same point as he had made earlier about the main indemnity clause, that once the ......
  • Enterprise Oil Ltd v Strand Insurance Company Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 26 January 2006
    ... ... 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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