Raiffeisen Zentralbank österreich Ag V Five Star Trading Llc
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Raiffeisen zentralbank österreich ag v five star trading llc. Stephen hofmeyr qc and peter macdonald eggers acted in this matter involving material alteration to a guarantee. Raiffeisen zentralbank osterreich ag v crossseas shipping ltd stephen hofmeyr qc peter macdonald eggers qc 2000 3 all er 274. 2000 1 wlr 1135. The case related to a security interest which was created in favour of the bank over the insurance proceeds relating to a ship.
684 a marine insurance policy governed by english law but made with french insurers was assigned but notice of the assignment was not made according to french law through a bailiff. Qbd 21 jun 2000 references. Times 21 jun 2000 gazette 22 jun 2000 2000 2 ll r. Raiffeisen zentralbank österreich ag v five star general trading llc 2001 ewca civ 68 2001 qb 825 frequently shortened to rzb v five star is a judicial decision of the court of appeal of england and wales relating to the conflict of laws.
Justice charles conflict of laws insurance marine assignment vessel insured with french insurers first defendants assigned insurance on vessel to claimant. 2000 1 all er comm 76. This article has not yet received a rating on the project s importance scale. It was not in dispute that the approach to resolving conflict of laws issues is as summarised by mance lj as he then was in raiffeisen zentralbank österreich ag v five star trading llc 2001 ewca civ 68.
And others the mount 1 2001 ewca civ 68 before lord justice aldous lord justice mance and mr. In raiffeisen zentralbank osterreich ag v five star general trading llc may 2000 forthcoming in lloyd s rep ir the formalities for assignment under english law had been complied with. The first step is to characterise the issue which divides the parties. The problem was that the policy while governed by english law was assigned in france to a french assignee in circumstances which did not satisfy the french rules for the validity of an assignment.
Five star general trading l l c. Raiffeisen zentralbank osterreich a g. In the november 2000 issue of insurance law monthly the decision of longmore j in raiffeisen zentralbank osterreich ag v five star general trading llc was briefly discussed that case considered the law applicable to the assignment of a marine policy and to the requirements for a valid assignment under english law. 1999 1 all er comm 626.
Raiffeisen zentralbank osterreich ag v five star general trading llc and ors 2001 lloyd s rep ir 460 court of appeal before lord justice aldous lord justice mance and lord justice charles. Appeal from raiffeisen zentralbank osterreich ag v five star general trading llc and others qbd times 21 jun 00 gazette 22 jun 00 2000 2 ll r.