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Case Update: Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd (2024)

England and Wales
22/01/2024
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This alert discusses the recent decision from the Court of Appeal in the case of Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 which considered contractual interpretation of a no-assignment clause, deciding that the assignment in question was not caught by the restriction because it had occurred as an operation of law rather than being made “by a party ” to the sale contract.

The Court of Appeal rejected the earlier High Court decision that the voluntary action of placing insurance and subsequently claiming and accepting payment under the insurance had led to the transfer by operation of law. It is a further reminder that where the words in a contract are clear, the courts will apply the meaning of those words without needing to consider if they make “business common sense”, as may be the case where there are different possible interpretations.

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