“The DC Merwestone” in the Court of Appeal

by Publications Officer

On 16 October 2-14, the Court of Appeal in the United Kingdom has handed down its judgment in Versloot Dredging BV; SO DC Merwestone BV v HDI Gerling Industrie Versicherung AG and the others (The “DC Merwestone”) [2014] EWCA Civ. 1349. The full text of the judgment can be accessed here.

In summary, the Court of Appeal prefered the view propounded by Mr. Popplewell QC (as he then was) in Agapitos v Agnew [2002] EWCA Civ. 247 to that of the tentative view of Popplewell J. in The DC Merwestone and the Court of Appeal affirmed the forfeiture rule to the use of fraudulent device.