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  • Article

    Calculations Upon Termination Of ISDA Master Agreement

    Forward Freight Agreements which still had contract months to run at the time of Automatic Early Termination under an ISDA Master Agreement were to be included in calculating the Early Termination. Payment
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    GMC to Review Child Protection Guidance

    On 5 May 2010, David Southall won his appeal against a GMC finding that he accused a mother of murdering her son and a ruling striking him off the medical register.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Lender Claims: Back To The Future?

    The present recession and property downturn sees the return of 1990s' conditions for lender claims. Those of us who were in the front line for the professionals have the benefit of the lessons we then learned, but equally face new challenges in dealing with the anticipated new onslaught.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Aerospace News: EC Regulation 261/2004: "Extraordinary Circumstances" Six Months On

    When EC Regulation 261/2004 finally came into force on 17 February 2005 airlines pretty quickly faced demands from passengers keen to take advantage of their new rights. However, for the time being there are probably still as many questions as answers on how some parts of the Regulation are to be interpreted.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Airline Insolvency

    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Buyer Beware: Is Performance Truly Guaranteed?

    Given the current financial climate, some yards may face difficulties financing the building of new orders. With approximately 1,000 ships on order at a value of around $350 billion, refund guarantees could potentially be very relevant in the near future for purchasers of new build vessels.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Commission Gives With One Hand But Takes With The Other

    The saga of state aid granted by the Greek Government to Olympic Airways over recent years continues unabated and becomes even more complex.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    DVT: No Accident Continued

    When an airline passenger sustains bodily injury that is not caused by "accident" when on board an aircraft or in the operations of embarking/disembarking, he has no claim against the airline.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    EU (Denied Boarding) Regulation (EC) No.261/2004

    In this article we look at two recent English county court cases in which passengers sought compensation against Iberia under EU (Denied Boarding) Regulation (EC) No.261/2004.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Inherent Vice: The Latest Instalment

    The Court of Appeal has delivered a ruling which will make inherent vice more difficult for insurers to plead. Global Process Systems Inc. v Syarikat Takaful Malaysia Bhd (2009).
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Kosmar Villa

    On 29 February 2008, the Court of Appeal handed down its decision in Kosmar Villa Holidays v Trustees of Syndicate 1243 (2008).
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Loss of Use Claims Assessed

    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    New Denied Boarding Regulation: The Fight Moves To Europe

    IATA and the European Low Fares Airline Association (ELFAA) have successfully negotiated round 1 in their attempt to challenge the validity of EU Regulation 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays. On 14 July 2004, the High Court in London ordered that certain questions concerning the validity of the Regulation be referred to the European Court of Justice for determination.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Northern Cyprus: English Court Rejects Traffic Rights Appeal

    The status of Northern Cyprus raises difficult questions of international law as well as being the subject of political dispute and had to be considered recently by the English Court in the context of applications for air traffic rights.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Salvage And The Disparity Principle: How Much Is Enough?

    The 'disparity principle' has re-emerged as a hot topic following the Admiralty and Commercial Court decision in the appeal proceedings in the "VOUTAKOS" (2008).
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Stop! That’s No Way For A Lady To Perform

    In LauritzenCool v Lady Navigation Inc - the Commercial Court considered whether an injunction preventing Owners from employing their vessel other than in accordance with a particular charterparty was tantamount to an order for specific performance.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    The Secrecy of Safety

    Bringing criminal charges into aviation occurrences resulting from inadvertent operational errors may hinder the development and free exchange of safety information which is essential to improve aviation safety, with a potential adverse effect on it.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Too Late To Claim

    Upholding an arbitration award, the English High Court held that it did not matter which of the two contractual trigger dates came first to start the time limitation period running.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Total Loss Claim Not Automatic In Piratical Seizure

    The Court of Appeal has reiterated that it will always be a question of fact whether an actual total loss can be said to exist in any given case.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Unfair Dismissal Law – Set to Conquer the World?

    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

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