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  • Article

    Late Redelivery Clause An Unenforceable Penalty

    In Lansat Shipping Co v. Glencore Grain BV (25 March 2009) the Commercial Court held that a liquidated damages clause relating to late redelivery in a time charter was penal and unenforceable.
    United KingdomTransport
    HFW
    HFW
  • Article

    Leading The Way Towards Simpler Rail Installations

    We have seen from the HS2 project that the development of railway systems can be a very costly exercise. However, there are also less costly approaches in development.
    United KingdomTransport
    Marks & Clerk
    Marks & Clerk
Article

Liquidated Damages Or Penalty? Beware The Difference

It is well established that a contractual clause providing for the payment by a defaulting party of a sum which is a genuine pre-estimate of loss is enforceable as liquidated damages while a clause which is predominantly to deter a party from breaking the contract is a penalty and thus unenforceable.
United KingdomTransport
LA Marine - Lester Aldridge LLP
LA Marine - Lester Aldridge LLP
  • Article

    Literal Interpretation – Not Always Black And White?

    In Atlasnavios-v-Navigators Insurance, the Court of Appeal (the highest court within the Senior Courts of England and Wales) found that Insurers were entitled to rely on a literal interpretation...
    United KingdomTransport
    Sedgwick LLP
    Sedgwick LLP
  • Article

    Losing The Right To Limit: Privy Council Confirms Parties Can Contract Out Of The 1976 Limitation Convention

    This Alert looks at the question of whether it is possible to contract out of or waive the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims and if so, what is required in order to do so.
    United KingdomTransport
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Making Green Work

    The need to tackle climate change has continued to grow rapidly and the UK objective to reach net zero emissions by 2050 is getting closer.
    United KingdomTransport
    Gowling WLG
    Gowling WLG
  • Article

    Making Transport Fit For The Future

    The report "Making transport fit for the future," launched in collaboration with London Transport Museum, Mott MacDonald, and Hitachi Rail, examines strategies for reducing the transport sector's carbon footprint while enhancing sustainability. It highlights three key building blocks—strong foundations, visionary outlook, and bold transition—aiming to create a more inclusive, resilient, and sustainable transport system in the UK, supporting the net-zero by 2050 commitment.
    United KingdomTransport
    Gowling WLG
    Gowling WLG
  • Article

    Mercedes-Benz Reports An Increase In Counterfeiting Activity In 2022

    Mercedes-Benz issued a statement yesterday (17 August) reporting that the number of counterfeit products the business removed from online marketplace...
    United KingdomTransport
    Marks & Clerk
    Marks & Clerk
  • Article

    Navigating The Holidays Safely: The Perils Of Drink Driving

    As the festive season unfolds, and the air becomes infused with the spirit of celebration, it's crucial to remember the potential dangers lurking beneath the merriment.
    United KingdomTransport
    Gorvins Solicitors
    Gorvins Solicitors
  • Article

    Navigating The Waves Of Change

    In July, ocean shipping prices peaked but remained elevated. However, import volume is expected to surge in early August as shippers try to fast-forward cargo to avoid potential disruption from labor negotiations.
    United KingdomTransport
    AlixPartners Asia LLC
    AlixPartners Asia LLC
  • Article

    New Changes: The UK Emissions Trading Scheme (UK ETS)

    Minor amendments to the legislation governing the UK ETS have been laid in Parliament and are intended to come into force on 1 January 2024. The amendments follow on from the Government's...
    United KingdomTransport
    Norton Rose Fulbright Hong Kong
    Norton Rose Fulbright Hong Kong
  • Article

    New Driverless Car Bill Introduced In U.K.

    A new Vehicle Technology and Aviation Bill has been introduced in the U.K. to address some of the challenges arising with use of autonomous vehicles and which traditional insurance policies cannot respond to.
    United KingdomTransport
    Miller Thomson
    Miller Thomson
  • Article

    Notice Of Withdrawal - Timing Is Everything

    Some interesting issues have been brought up by a dispute involving the VLCC “Kos” which had been chartered out on the Shelltime 3 form.
    United KingdomTransport
    LA Marine - Lester Aldridge LLP
    LA Marine - Lester Aldridge LLP
  • Article

    Owners Found To Have Unreasonably Withheld Approval Of Charterers’ Proposed Discharge Vessels

    In a previous post, we reported on the decision in "Falkonera Shipping Co v Arcadia Energy Pte Ltd".
    United KingdomTransport
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Owners’ Demurrage Claim Succeeds Where Charterers Fail To Bring Themselves Within A Force Majeure Clause

    A vessel was chartered for one voyage from "1-2 load berth chop always afloat Santander" to a port in the UK.
    United KingdomTransport
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Perrotta Again Makes Key Contribution To Leading Aviation Guide

    Kaye Scholer Aviation Finance & Leasing Practice Co-Head and London Office Managing Partner Philip Perrotta is once again prominently featured in the most recent edition of The International Comparative Legal Guide to: Aviation Law.
    United KingdomTransport
    Arnold & Porter
    Arnold & Porter
  • Article

    PKP Intercity Fined For Infringing Consumer Interests

    PKP Intercity has been fined PLN 2.2 million (c €550,000) by Competition Authority (UOKiK) for practices infringing consumer interests.
    United KingdomTransport
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Rail Franchise For Sale – One Previous Owner

    Purchasing a business can be done in two ways.
    United KingdomTransport
    Clyde & Co
    Clyde & Co
  • Article

    Reaction Engines x Cranfield Aerospace Solutions – Hydrogen Propulsion Collaboration

    The days when you will be able to board a hydrogen-powered passenger flight still seem a long way off, but this news of further collaboration between two highly innovative UK...
    United KingdomTransport
    Marks & Clerk
    Marks & Clerk
  • Article

    Rigby v. Iberia 17 April 2009 - Extraordinary Circumstances Under EU (Denied Boarding) Regulation (EC No 261/2004).

    In a recent first instance decision, the West London County Court has ruled on the rights of and remedies available to passengers following cancellation and delay of separate scheduled passenger flights due to wildcat strike action at Barcelona airport.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Showing 461–480 of 2705 results

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