- Cited — London Steam-Ship Owners' Mutual Ins Assoc Ltd v Kingdom of Spain 2021-11-04
“…In this court ([2018] EWCA Civ 2590, [2019] 1 Lloyd’s Rep 221) Lord Justice Gross (with whom Lord Justices Moylan and Coulson agreed) said this:…”
- Cited — Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors 2020-02-06
“…In Aspen Underwriting Ltd v. Credit Europe Bank NV [2018] EWCA Civ 2590, Gross LJ giving the leading judgment, also referred to the possibility of excluding the right of an undisclosed principal to sue or be sued, at [47]:…”
- Cited — Lone v London Borough of Hounslow 2019-12-17
“…2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast): see Aspen Underwriting Ltd v Credit Europe Bank [2018] EWCA Civ 2590, [2019] 1 Lloyd’s Rep 221, an appeal against which was recently argued before the Supreme Court.…”
- Distinguished — Merinson v Yukos International UK BV & Ors 2019-05-15
“…The decision of this Court in Aspen Underwriting Ltd v Credit Europe Bank NV [2018] EWCA Civ 2590; [2019] 1 Lloyd’s Rep 221 (to which I shall come, below) was distinguishable. First, the settlement there did not terminate the contract of insurance; it was s…”
- Considered — Airbus S.A.S. v Generali Italia S.P.A. & Ors 2019-05-14
“…s that of a good arguable case. That test has been considered in two decisions of this court since the date of the judge’s judgment. In The Atlantik Confidence [2018] EWCA Civ 2590, Gross LJ said at [34]:…”
- Cited — Kaefer Aislamientos SA De CV v AMS Drilling Mexico SA De CV & Ors 2019-01-17
“…What is the correct name for the test? In Aspen Underwriting Ltd v. Kairos Shipping Limited [2017] EWHC 1904 (Comm), on appeal [2018] EWCA Civ 2590 (“Aspen”), the Court of Appeal construed Brownlie as endorsing the “good arguable case” test which boiled down to who had (relatively) the better of the argume…”
- Cited — Kaefer Aislamientos SA De CV v AMS Drilling Mexico SA De CV & Ors 2019-01-17
“…ed the findings of Teare J and held that the terms of the agreement “… tell, at the least very strongly, against the Bank being a party thereto” (per Gross LJ ([2018] EWCA Civ 2590 paragraph [51]). In other words, the express identification of the parties in the relevant agreement was (a powerful) part of the evidential mix but was not di…”