Griffin Underwriting Ltd v Varouxakis (Free Goddess) [2018]

Griffin Underwriting Ltd v Varouxakis (Free Goddess) [2018] EWHC 3259— 28 November 2018 (Males J)

“Insured shipowners' claim under a marine policy of kidnap and ransom was paid by insurers pursuant to a settlement agreement. Insurers then sought damages against their insured's director, domiciled in Greece, for procuring a breach of the settlement agreement (by depriving them of a subrogated claim for cargo's GA contribution and failing to account for such GA contributions as were received). The director was held to have submitted to the English Court's jurisdiction by failing to raise a challenge in time. The Court found that it would have had jurisdiction in any event (under Art. 7(2) of the Recast Brussels Regulation) in relation to the accounting under the settlement agreement, as this was to occur in England; however, (but for the submission) it would not have had jurisdiction over the unrecoverable GA, as that loss was sustained in Oman, where the voyage was abandoned after the release of the vessel by pirates.”

Louise Glover
E. G. Arghyrakis & Co.
09th January 2019