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Jan De Nul v NV Royal Belge [2002]

Facts

  • The defendant had deposited silt in an estuary

Issue

  • Could there be liability to business owners for losses of business (as the deposits prevented ships from mooring)?

Decision

  • Yes

Reasoning

  • Special damage, actual claim involved a contractual claim concerning the effectiveness of an exclusion clause which could allow an insurance company to be absolved from liability. The claim failed and the costs of repair were recoverable from the insurance company.
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