Following theft of a yacht from a Bahamian marina, her owners/ insurers claimed against the marina in tort (negligence) and under the dock lease agreement. Upholding the Bahamian CA, the PC agreed that the marina had not assumed a responsibility to use reasonable care to guard against theft of the yacht (especially where, as here, the owner retained the keys). Similarly, no contractual duty to prevent the theft arose under the lease, such responsibility lying with the yacht owners.
Great Lakes Reinsurance (UK) plc (as Subrogee of Modrono's Bimini Place Ltd) v RAV Bahamas Ltd (Bahamas) [2024] UKPC 11 (21 May 2024)- (Briggs LJ, Hamblen LJ, Leggatt LJ, Burrows LJ, Stephens LJ)
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Barclays Bank PLC v PJSC Sovcombank & Anor [2024] EWHC 1338 (Comm) (24 May 2024)-(Foxton J)
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