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الصفحة 45
As to the question of the cause of the loss , Andrew Smith J at first instance had held that there was insufficient evidence of wilful misconduct on the part of UPS's employees , in that it was not clear exactly how the loss had ...
As to the question of the cause of the loss , Andrew Smith J at first instance had held that there was insufficient evidence of wilful misconduct on the part of UPS's employees , in that it was not clear exactly how the loss had ...
الصفحة 322
In Sumukan Ltd v Commonwealth Secretariat [ 2007 ] EWCA Civ 243 , [ 2007 ] 3 All ER 342 , the claimants did so , but the court held that the exclusion was valid ( see also [ 2.77 ] and [ 8.4 ] above ) . The claimants wished to appeal ...
In Sumukan Ltd v Commonwealth Secretariat [ 2007 ] EWCA Civ 243 , [ 2007 ] 3 All ER 342 , the claimants did so , but the court held that the exclusion was valid ( see also [ 2.77 ] and [ 8.4 ] above ) . The claimants wished to appeal ...
الصفحة 338
However , Lord Walker and Lord Mance held ( at [ 183 ] [ 184 ] and [ 240 ] ) that this distinction is ' anomalous ' , and that the majority's approach in Westdeutsche should simply not be followed . This was surely right .
However , Lord Walker and Lord Mance held ( at [ 183 ] [ 184 ] and [ 240 ] ) that this distinction is ' anomalous ' , and that the majority's approach in Westdeutsche should simply not be followed . This was surely right .
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