Sian Mirchandani KC writes about the decision of Moulder J in Claimants Listed in Schedule 1 v Spence [2021] EWHC 925 (Comm) to grant a request for additional fortification of the undertaking in damage. The decision had created uncertainty in applying the threshold for showing “a good arguable case” for the existence of a risk of loss. This article was first published with ThoughtLeaders4 FIRE Magazine.
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