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IAN FRANCIS FRANK BELL (Sued on his own behalf and named as representative underwriter on behalf of all Underwriters subscribing to the Policy)
He thus repeated his conclusion that the carrying out of the survey was a condition precedent to the commencement of in commission cover, at the same time rejecting the submission of Mr Ruttle that it was a survey for the purposes of valuation only. He also held that recording of the surveyor's opinion in a report was essential before the vessel came on risk. Thus he accepted Miss Bucknall's submissions (1) and (2) (see paragraph 9 above)
On the facts of the present case, as explained by Potter LJ, and subject to his observation in paragraph 39, I agree that the appeal should be allowed. Order: Application Adjourned with new skeleton to be delivered on 15 th September 2000. (Order does not form part of approved judgment.)
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Common Room
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