As events have swiftly unfolded in the Middle East over the past few days and the Iranian conflict has rapidly widened to more territories, commercial assets and property have inevitably become trapped in the war zone. With large swathes of airspace closed and shipping lanes blockaded, in each case for a potentially lengthy but indeterminate period, attention has necessarily turned to insurance. A recent landmark decision in the English Commercial Court, concerning the detention of Western-leased aircraft in Russia following its invasion of Ukraine, revisited one of the key insurance law principles of likely relevance to present events, namely the 'grip of the peril' doctrine and its interaction with notices of cancellation.

In a long-awaited and detailed judgment in the Russian Aircraft insurance litigation, the English High Court has considered a number of issues of wider interest to aviation, marine and energy insurance practitioners worldwide. Here we look at the Court's analysis of the political risks clause in the applicable war risks exclusion.

The English High Court has held that Western leased aircraft detained in Russia following the invasion of Ukraine were lost due to a restraint or detention by the Russian Government.

Dispute Resolution

English Law

Insurance Law

Sanctions and Export Controls

Aviation

Partner

Gillie is a highly experienced senior commercial disputes resolution lawyer specialising in heavyweight, complex problems often at Board level and with safety and/or reputation/ “bet the company” and cross border aspects, arising mainly in the Aviation and Offshore Energy sectors. Gillie is comfortable with all forms of arbitration, litigation and mediation and is known for (1) her strategic direction of matters, never losing sight of where the money is for the client whether defending or claiming, and (2) her ability to handle complex, high value cases, usually in multi-jurisdictions, over the long haul to deliver successful results. Gillie is very experienced at leading big teams, whether cross border or otherwise, who are client focussed and committed to success. 

Gillie assists in particular the London and international Aviation insurance market with a wide range of their most difficult problems and currently is Lead Counsel defending a number of very high value claims made by Lessors arising out of the detention of aircraft in Russia following the invasion of Ukraine.

London

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Gillie is a highly experienced senior commercial disputes resolution lawyer specialising in heavyweight, complex problems often at Board level and with safety and/or reputation/ “bet the company” and cross border aspects, arising mainly in the Aviation and Offshore Energy sectors.