Spinney's (1948) Ltd. and Others v. Royal Insurance Co. Ltd.

Abstract

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Whether Executive recognized Lebanese conflict as constituting a civil war — Insurance contract — Exemption from liability for loss caused by civil war — Dispute between parties to contract — Whether definition of civil war to be ascertained from Executive certificate — Whether Executive certificate solely relevant in situation where State involved in sovereign diplomatic relations — The law of EnglandWar and neutrality — War in general — Definition and technical meaning of war — Civil war — Proceedings on insurance contract — Exemption from liability for loss caused by civil war — Whether events in the Lebanon constituted “civil war” — Whether same meaning to be attributed to phrase in contract as in public international law — Practice of seeking executive certificate — Whether appropriate in private contractual dispute — Whether solely relevant to situation where United Kingdom's sovereign diplomatic relations involved — The law of EnglandInternational law in general — Relation to municipal law — Proceedings on insurance contract — Exemption for loss caused by civil war — Whether “civil war” bears same meaning in contractual context as in public international law — Practice of seeking executive certification of recognition of civil war — Whether appropriate where international relations of United Kingdom not involved — Conflict in Lebanon — The law of England