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  • Article

    China update - New Regulations on the Prevention and Control of Marine Pollution from Ships in China

    On 1 March 2010, the Regulations on the Prevention and Control of Marine Pollution from Ships ("the Regulations') (promulgated by the People's Republic of China (PRC) State Council on 9 September 2009) will come into effect.
    ChinaTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Third Parties (Rights Against Insurers) Act 2010

    The recently enacted Third Parties (Rights against Insurers) Act 2010 (the "Act") will give greater powers to those seeking to make a recovery against an insolvent party's insurance policy.
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Civil Procedure: Court of Appeal Decision on Part 36 Offers

    It has long been possible for defendants to protect their position on costs by making a payment into court to settle money claims in England and Wales, and the Civil Procedure Rules ("CPR") appeared to introduce an additional layer of protection in the form of Part 36 offers.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Montreal Convention now in force

    The Montreal Convention 1999 has now come into force.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Public Authority Liability Update - Summer 2011 - A Tale Of Two Strike Outs

    Following the well known decision in JD v East Berkshire Community Health NHS Trust (2005), the High Court has rejected an attempt by a claimant to impose a duty of care on a social services department in circumstances where there was a conflict of interest between the claimant and his daughter.
    United KingdomGovernment, Public Sector
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    The Trouble With Leases...

    A number of recent surveys have found that around 45 per cent of claims against solicitors arise out of property work.
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Risky Business – A Guide To The Money Laundering Regulations

    The new Money Laundering Regulations 2007, which came into force in December last year, have brought further changes which solicitors need to take on board.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Set-Off Right Applied In Separate Financial Transactions

    This case addressed, amongst other things, the question of whether a right of set-off in respect of sums owed under an ISDA agreement could be exercised against sums due under an unrelated letter of credit.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    A Step Forward For Jackson Costs Reforms

    The dramatic reforms proposed by Lord Justice Jackson in his review of civil litigation costs, published nearly a year ago, are a step closer to implementation following the publication of the Ministry of Justice's Consultation Paper on the Proposals for Reform of Civil Litigation Funding and Costs on 15 November 2010.
    United KingdomGovernment, Public Sector
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Natural Catastrophes - The Causation Conundrum

    When a disaster strikes, the insurance industry is expected to respond quickly and decisively. Unfortunately, the factual chaos which often results is frequently accompanied by coverage issues.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    What Challenges Lie In Store For The Reinsurance Market In 2010?

    Foreseeing the future direction of the market is never a simple exercise. In the current climate it is a genuine challenge. Nevertheless, a number of events and recent judicial developments can act as useful signposts.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Contributory Negligence – An Unsung Hero?

    When is and when is it not a good idea to argue contributory negligence?
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Litigation Trends - July 2011

    Statistics for judicial and court activity in England and Wales have been published by the Ministry of Justice for the year 2010. The report, which was published on 8 July 2011, nearly three months earlier than previous years' reports, indicates a fall in the number of claims being brought across the board.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Much Ado About Nothing?

    Although the incidence of LDPs is currently low, the likely impact of LDPs and implications for the legal profession are considered below.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Disputes And Double Dips?

    We consider the current climate of the construction industry in the UK – and whether a downturn in new construction projects will cause an upsurge in disputes.
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Asian Liberalisation - In The Air?

    Several years ago, the 10 Association of Southeast Asian Nations (ASEAN) members (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam) informally agreed that they would work towards full liberalisation of air services within their region by 2015.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    EU Emissions Trading Scheme – An Update

    The High Court in London has now formally referred 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.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Injunctions: Maintaining The Dynamic Status Quo

    On 3 December 2010 Mr Justice Beatson, sitting in the Commercial Court heard application to continue until trial a mandatory injunction obliging an airport operator to accept a carrier’s scheduled flights outside airport promulgated operating hours.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Lashings of Guidance for Vessel Owners

    Deck cargo lost overboard leads owners and charterers to court to debate liability and to identify which rules apply to the matter.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Law Commissions Consider the Reform of Section 53 of the Marine Insurance Act

    The Law Commissions of England/Wales and Scotland examine section 53 of the Marine Insurance Act 1906 ("MIA") which makes the broker directly responsible to the insurer for the payment of premium.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

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