Dolphin Maritime & Aviation Services Ltd v Sveriges Angfartygs Assurans Forening [2009] EWHC 716 (Comm)

P&I insurance – letter of undertaking – rights of recovery agents – jurisdiction (tort)

The facts

The claimants, Dolphin, had acted as recovery agents for the cargo underwriters, who had become subrogated to the cargo interests’ rights following a collision between the carrying vessel, the New Flame, and another vessel off Gibraltar. As recovery agents, Dolphin had negotiated with the owner of the New Flame through its P&I Club, the defendant, better known as the Swedish Club. The result of the negotiations was two agreements: an escrow agreement for any recovered sums to be held on account by Hill Dickinson; and a letter of undertaking (LOU) from the Swedish Club. The LOU was addressed to the cargo interests, c/o Dolphin at its trading address.

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May 1 2009

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