Shell International Petroleum Company Ltd v Gibbs (The Salem)

JurisdictionEngland & Wales
JudgeTHE MASTER OF THE ROLLS,LORD JUSTICE KERR,LORD JUSTICE MAY
Judgment Date12 February 1982
Neutral Citation[1982] EWCA Civ J0212-3
Docket Number82/0109
CourtCourt of Appeal (Civil Division)
Date12 February 1982
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13 cases
  • Continental Illinois National Bank & Trust Company of Chicago v Alliance Assurance Company Ltd (Captain Panagos D.P.)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 1988
    ...that the wrongful act was committed "to his prejudice" and therefore that it was committed without his consent or connivance: cf. Shell Petroleum Ltd. v. Gibbs [1982] Q.B. 946 at 42The logic of this argument was accepted by Kerr J. (as he then was) in the "Michael" [1979] 1 Lloyds Reports......
  • Suez Fortune Investments Ltd v Talbot Underwriting Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 7 October 2019
    ...of Bolivia v Indemnity Mutual Marine [1909] 1 KB 785; Banque Monetaca v Motor Union Insurance (1923) 14 Ll L Rep 48; The Salem [1982] QB 946, 985–986; rev'd on other grounds [1983] 2 AC 375; and The Andreas Lemos [1983] 1 QB 483 Counsel for the Underwriters submitted that the necessary a......
  • Nima SARL v The Deves Insurance Public Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 July 2002
    ...far as the effect of s.44 in isolation was concerned, the judge relied on the obiter dicta of Lord Denning MR in Shell International Petroleum Co Limited v Gibbs ("The Salem") [1982] 1 QB 946 at 985, a case in which a cargo of oil loaded in Kuwait and ostensibly bound for Italy was diverted......
  • Strive Shipping Corpn v Hellenic Mutual War Risks Association (Bermuda) Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 25 March 2002
    ...467, observing that the clause was "obviously intended to deal with damage effected in the course of some civil disturbance". In Shell Petroleum Ltd v. Gibbs [1982] 1 QB 946 there was a claim for loss of cargo arising out of a complex fraud aimed at evasion of the oil embargo on South Afric......
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