Legal Page - What’s Mine Is Mine Revisited: Goshawk v Tyser Decision Reversed
Source: Asia Insurance Review | Apr 2006
In June 2005, the
Barlows column focused on the decision of the UK’s Commercial Court in
Goshawk v Tyser & Co Ltd. This case has now been appealed, and the eagerly
awaited Court of Appeal ruling has confirmed that, at least in the Lloyd’s
market, brokers must make available to underwriters placing and claims documentation
previously shown to them and premium accounting documents which are necessary
to the operation of the contract. Mr Ed Stanley, a Partner, and Mr
Denis Whelan, an Associate in the Reinsurance & International Risk team
at Barlow Lyde & Gilbert, look at this landmark decision and the implications
which seemingly vindicates practice which was common in the Lloyd’s market.
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