The traditional English approach is to hold the parties to their bargain, and grant an injunction in favour of the agreed jurisdiction or arbitration provision. This has contrasted sharply with the position adopted by the European Court of Justice (ECJ)

Regulation 44/2001 has recently been the focus of the European Parliament's attention and has resulted in a Resolution addressing a number of areas that may need improving.

Causation defences are often an important defence in claims against solicitors. In our experience, the consequences of the error may be conveniently overlooked by claimants in the rush to claim compensation. However, the Court of Appeal recently made some surprising findings in this area.

On 22 September 2009, the Office of Fair Trading (OFT) brought its five year investigation into bid-rigging in the construction industry to a conclusion, imposing fines of £129.5 million on 103 contractors.

We reported, in the last edition of the Property Professionals’ Liability briefing, on some of the key recommendations made by Sir Bryan Carsberg following his review of the regulatory regime of RICS. In this article we focus on one of those proposals, that is the move towards principles-based regulation, in respect of which RICS has firmly grasped the nettle.

A recent decision in France has reversed a trend, begun in the case of Pakistan International Airlines v Ms Kunze Bejon in 1997, by which the French Courts had been able to assert jurisdiction over air carriers even in the absence of one of the jurisdictions available under the Warsaw Convention jurisdiction.

Following press attention in recent months surrounding the publication of the names of individual airlines and of countries whose airline operations have been banned by certain states, it is easy to lose sight of where the legal responsibilities lie for the certification and approval of an air operator and its aircraft.&

In a significant judgment arising out of Gulf of Aden piracy, the Commercial Court rejected the proposition that capture by pirates automatically gives rise to a total loss of the insured property.

Once the right to damages under MC99 is extinguished it cannot be resurrected by the application of a Civil Procedure Rule.

Charterers now may be faced with an action for damages even where the charterparty expressly states that loading/ discharging is the Master’s responsibility.

On 27 May 2010, the High Court in London agreed to refer to the European Court of Justice (ECJ) a legal challenge on the lawfulness of the extension of the EU Emissions Trading Scheme ("EU ETS") to aviation.

The Civil Aviation Administration of China (‘CAAC’) issued a new regulation on ‘Flight Accident Emergency Response and Family Assistance’ (‘Emergency Response Regulations’) in respect of civil aviation accidents, which came into effect on 1 January 2006. The procedures introduced by this legislation follow the implementation of similar programs in other jurisdictions. The regulation seeks to establish a framework for the provision of assistance in the emergency response following an aircraft a

Court upholds onerous liquidated damages clause triggered by termination of a yacht building contract.

On 3 February 2004 the European Commission announced that Ryanair must pay back some of the advantages that it was granted by Brussels South Charleroi Airport and the Walloon Region (Belgium), as the advantages amount to unlawful State Aid.

A term that goods are to be of a satisfactory quality not only when delivered but also for a reasonable time thereafter is implied into FOB contracts.

There could scarcely be a better example of meteorological conditions incompatible with the operation of flight than the effects of volcanic explosions resulting in blanket international flight bans affecting every airline.

In a recent judgment arising out of Gulf of Aden piracy, the Commercial Court rejected the proposition that capture by pirates automatically gives rise to a total loss of the insured property.