IUA Circular 027/23
Some more constructive thoughts on Constructive Total Loss
with Peter MacDonald Eggers K.C. and Richard Sarll, Barrister, 7 King’s Bench Walk
This market Briefing will be: HYBRID
Event Date: Tuesday 18 April 2023
Time: 12 noon for approx 1 hour (UK/London time)
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Venue: Balls Bros Wine Bar Conference Rooms, Lower Ground Floor, Minster Court, Mincing Lane, London EC3.
(session will conclude with a sandwich buffet luncheon)
Subject: This IUA hybrid market briefing will aim to provide an in-depth study of Constructive Total Loss in the law and practice of marine insurance
Contact: Deborah Finch, IUA Events Manager (020 7617 4451)
This is a free event, but names and email addresses of all attendees are required for registration.
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With an estimated 50,000 merchant ships sailing daily on our oceans, sometimes in perilous conditions, it is no wonder that some may occasionally experience severe damage, so too may their cargoes.
In marine insurance, a constructive total loss (CTL) is the name given to those instances of loss and damage where the ship or cargo is not actually lost, yet there are reasons to treat it as being lost from a commercial point of view. One such example is where costs of repair exceed the ship’s value, much as with the “write-off” of a car.
Recent years have seen important decisions on CTL including The B Atlantic, The Brillante Virtuoso, and The Renos. It is and remains a complicated area of marine insurance law and practice.
At this market briefing, our guest speakers aim to provide those who work within the maritime sector with an in-depth study of current issues including:
- The types of CTL: the drafting of sect. 60, MIA 1906
- Deprivation of possession: what are the relevant tests?
- Best practice when claiming a CTL on figures; obtaining repair specifications and yard quotes.
- Judicial approaches to evaluating CTLs: allowances for unforeseen/increased costs.
- The role of the notice of abandonment
- What are the pre-conditions for additional sue and labour charges, and when do they end?
- The insurer’s rights on payment
Our Speakers:
Peter MacDonald Eggers KC specialises in all aspects of commercial law, with a particular focus on insurance and reinsurance, shipping and transport, energy, commodities and international trade, financial services, professional negligence, and international investment projects. Peter also accepts appointments to act as an arbitrator.
In May 2017, Peter was appointed as a Deputy Judge of the High Court. Peter has appeared in a number of insurance and shipping cases, including Greggs plc v Zurich Insurance plc, Axis Corporate Capital v ABSA Group Ltd, Piraeus Bank v Antares Underwriting, Quadra Commodities v XL Insurance, ABN AMRO v Royal and Sun Alliance Insurance, Royal and Sun Alliance Insurance v Textainer Group, Enemalta v Standard Club Asia, Aegean Baltic Bank v Renzlor Shipping, Generali Italia v Pelagic Fisheries, The Atlantik Confidence, The Brillante Virtuoso, The Cultural Foundation v Beazley Furlonge Ltd, The Cape Bari, Rathbone Brothers Plc v Novae Corporate Underwriting, The Princess of the Stars, Sea Glory Maritime Co v Al Sagr National Insurance Co, Arash Shipping v Groupama, and Masefield v Amlin.
Peter is a Visiting Professor at University College London and is a contributing editor of Chitty on Contracts, co-author of Good Faith and Insurance Contracts, co-author of Carver on Charterparties, and the author of Deceit: The Lie of the Law, and The Vitiation of Contractual Consent.
Richard Sarll specialises in disputes relating to commercial and admiralty law. He is particularly well-known for his work in shipping, commodities, insurance and reinsurance, energy, and shipbuilding disputes.
At the Legal 500 Bar Awards, Richard was named Shipping, Commodities, and Aviation Junior of the Year. Prominent shipping and insurances in which he has been involved include
The CMA CGM Libra, The Renos, The Brillante Virtuoso, The Longchamp and The Toisa Pisces.
Richard is a member of the AAA’s general average sub-committee. He is also a member of the Admiralty Court Users’ Committee. He is a co-author of Carver on Charterparties and a co-editor of
Lowndes & Rudolf, General Average and York-Antwerp Rules.
DISCLAIMER: The market briefing presentation materials and speaker comments therein were prepared solely by the presenter(s) in their personal and professional capacity. Any materials or opinions expressed do not necessarily represent the views of the IUA and IUA does not bear any responsibility for, or liability to, any parties in respect of the accuracy, legality or overall content of the presentation or any other comments made by speakers or other attendees during the market briefing.
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etails of speakers here