ArticleCriminal Liability And Unincorporated AssociationsThe case “R v RL and JF” (28 August 2008) arose when heating oil escaped from a fractured pipe into a nearby watercourse.United KingdomEnvironmentBarlow Lyde & Gilbert LLP
ArticleDisclaimers In Insolvency and Debt Subordination: Trust, Contract Or Charge?In the recent case of Re SSSL Realisations (2002) Ltd; Squires v AIG Europe (UK) Ltd (2006), a parent company ("Group") retailed petrol through stations owned by its subsidiary ("SSSL"), in relation to which AIG provided excise bonds to HM Revenue and Customs in respect of Group’s liability for excise duty.United KingdomFinance and BankingBarlow Lyde & Gilbert LLP
ArticleUCP 600 - Key ChangesThe Uniform Customs and Practice for Documentary Credits ("UCP") are a set of rules which govern the use of letters of credit in international commerce. United KingdomFinance and BankingBarlow Lyde & Gilbert LLP
ArticlePolitical Agreement on EU Mandatory Insurance ProposalsEverything that flies in European airspace, bar some limited categories such as captive balloons and model aircraft, must carry passenger and third party liability.United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleEmployee Internet And E-Mail Use: Frequently Asked QuestionsFrequently asked questions on employee internet and e-mail usage.United KingdomMedia, Telecoms, IT, EntertainmentBarlow Lyde & Gilbert LLP
ArticleUsing PETs To Protect Personal DataPrivacy Enhancing Technologies (PETs) are privacy controls that are incorporated into information systems to assist government and private organisations to comply with their privacy obligations and maintain relevant privacy standards in accordance with the Data Protection Act 1998.United KingdomMedia, Telecoms, IT, EntertainmentBarlow Lyde & Gilbert LLP
ArticleContributory Negligence and Brokers, or "You Should Have Looked More Closely at What We Gave You"The broker’s job is essentially to obtain coverage for his client. In performing that role, he generally prepares contract documentation.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleThings Fall ApartA recent case confirms that causation is still a critical issue in tree-related claims against local authorities and that breach of duty alone will not suffice in establishing liability.United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleWest Tankers - Continued Support For London ArbitrationRecent cases demonstrate the support English courts will give to arbitration, and the House of Lords' decision in West Tankers Inc v RAS Riunione Adriatica di Sicurita SpA and Ors (2007) is another example. United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleClaims Exposures For ArchitectsWe consider the potential claims that architects may be exposed to in the current economic climate.United KingdomReal Estate and ConstructionBarlow Lyde & Gilbert LLP
ArticleProperty Professionals’ Liability Briefing - Duty CallsThe recent decision in The Football League Limited v edge ellison deals with the difficult question of the scope of duty, if any, which a professional owes beyond the express terms of the retainer.The court upheld the principles that there is no such thing as a general retainer and only in limited circumstances will a professional’s (here a solicitor) duties go beyond the express terms of his retainer. United KingdomReal Estate and ConstructionBarlow Lyde & Gilbert LLP
ArticleNew Tax Incentives For InvestorsIn the 2011 Budget (delivered on 23 March) the Government announced a number of important tax measures designed to encourage UK resident individuals to become "entrepreneurs" and invest in higher-risk unquoted trading companies and companies operating in the life science and bio-tech sector.United KingdomTaxBarlow Lyde & Gilbert LLP
ArticleAerospace News: Safety Regulation Versus Consumer Rights?Recent years have seen an increased concentration of passenger rights legislation in Europe. Has this been at the expense of safety?United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleAerospace Regulation: Future of Financial ProtectionIn July 2004, the UK Civil Aviation Authority published its advice to HM Government following a year-long consultation process relating to financial protection of air travellers and package holidaymakers. United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleConventions On Third Party Damage Move A Step CloserBetween 20 April and 2 May 2009, 81 states attended an ICAO diplomatic conference in Montreal to agree terms of long-awaited replacements for the Rome Convention on surface damage. United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleCredit Where Credit's DueThe Court of Appeal held that once the issuing bank has rejected the documents, it must act in accordance with its chosen option. United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleExclusion Clause Prevails In DemurrageThe term "strike" contained in an exclusion clause within a berth charterparty extended to include the congestion period which followed the "strike" itself. United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleGubay v SAA: Stretching The Boundaries Of Convention Exclusivity?In the context of a claim alleging misrepresentations made as to an aircraft business class seat, an English court has upheld the foundation stone of exclusivity under the Montreal Convention 1999.United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleLMAA Introduces Intermediate Claims ProcedureThe new procedure is intended to be widely applicable to a variety of shipping and commodity disputes within the range mentioned and is intended to enable parties to predict, with some certainty from the outset, the likely cost of proceedings.United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleWorkplace Safety And Health: Cabin Crew Personal InjuryEmployers in Hong Kong should note a recent judgment of the Hong Kong Court of Final Appeal which has found that an employer can be liable for injury to an employee which has been caused by foreseeable negligence on the part of the employee.United KingdomTransportBarlow Lyde & Gilbert LLP