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  • Article

    Bribery Act Update: The SFO Reviews Its Policies On Facilitation Payments, Business Expenditure And Corporate Self-Reporting

    The Serious Fraud Office ("SFO") is the UK's main law enforcement agency responsible for investigating and prosecuting cases of domestic and overseas bribery and corruption.
    United KingdomCriminal Law
    Ince & Co
    Ince & Co
  • Article

    England And New York - Convergence On "Follow The Settlements"?

    The highest appellate court in New York has recently issued its judgment in USF&G v American Reinsurance Co.1. which confirms the high standard the reinsurer will need to satisfy to challenge its cedant's settlements.
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Could Owners Be Liable For Conversion By Retaining Bunkers On Board The Vessel After Withdrawal?

    The Federal Court of Australia recently considered whether, as a matter of English law, Head Owners could be liable to Disponent Owners for conversion or detinue as a result of retaining bunkers on board the vessel after lawful withdrawal from the head charter.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Switching Bills - The Rights of The Original Consignee

    It is clear that owners will be taking considerable risks where new bills of lading are issued without surrender of the original set.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    English Commercial Court Enforces Obligation To Resolve Disputes By Friendly Discussion Prior To Arbitration

    The English courts have previously grappled with the extent to which agreements to negotiate are unenforceable.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Offshore Construction: Supreme Court Reverses Court Of Appeal Decision And Holds MT Højgaard Liable For Failure Of Foundation Structures Of Offshore Wind Turbines At Robin Rigg

    We have reported in the past on this long running litigation and the decisions in the High Court and the Court of Appeal.
    United KingdomReal Estate and Construction
    Ince & Co
    Ince & Co
  • Article

    Court Of Appeal Confirms Ship-Owners’ Rights To Intercept Freight

    The Court of Appeal has now upheld the decision that a ship-owner is entitled to redirect the payment of freight due under bills of lading and separately rely on a charterparty lien on sub-freights.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    How Do You Calculate Loss Of Earnings Following A Collision?

    This recent case has revisited the existing case law on assessment of damages following a collision.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    The Court Of Appeal Considers Demurrage Claims And Time Bar Clauses

    In the January 2011 edition of our e-brief, we reported on the decision of the Commercial Court in The Abqaiq.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Companies Act 2006 - Simplifying The Way In Which Businesses Operate

    One stated aim of the Companies Act 2006 ("the Act") was to make it simpler for, in particular, small and medium sized companies to set up and operate. This note briefly considers how, by amending its Articles of Association, a company can benefit from some of the changes brought about by the Act.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Deviation And The Right To Rely On Contractual Time Bars

    The English Court has recently handed down a judgment considering whether parties are able to rely on contractual time bars, such as Article III Rule 6 of the Hague Rules, in circumstances where owners have ordered ...
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    UK Anti-Corruption Initiatives: Bribery Act Update, Deferred Prosecution Agreements And New Sentencing Guidelines

    A discussion which highlights recent suggestions of a possible review of the UK Bribery Act 2010, outline the way in which Deferred Prosecution Agreements are expected to work in the UK when they are implemented in February 2014 and summarise the proposed new sentencing guidelines for financial crimes published by the Sentencing Council for England and Wales in June 2013.
    United KingdomCriminal Law
    Ince & Co
    Ince & Co
  • Article

    Key Considerations For Airline Start-Ups

    Starting an airline requires entrepreneurs with drive, motivation and vision to turn the idea into a viable reality.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    The Astra: Single Hire Default Entitles Owners To Withdraw And Claim Loss Of Profit For Remaining Charter Period

    A discussion on a recent decision, where the Commercial Court judge has decided that a failure to pay hire under an NYPE charterparty amounts to a breach of condition, entitling a ship-owner to terminate and seek damages.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Russia And Crimea Sanctions – Where Are We At The Start Of 2015?

    2014 was a busy year for EU sanctions. In this update, we give an overview of the various sanctions that have been implemented by the EU authorities over the last 12 months.
    European UnionInternational Law
    Ince & Co
    Ince & Co
  • Article

    Did GAFTA Tribunal Exercise Its Discretion To Admit An Otherwise Lapsed Claim?

    The GAFTA Arbitration Rules provide for the lapse of claims in circumstances where the parties fail to submit any documentary evidence within one year of the notice claiming arbitration.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    FOSFA Arbitration Award Entered As English court Judgment

    The original dispute underlying this decision of Mr Justice Hamblen is familiar. Sovarex sold sunflower seeds to Alvarez under a contract which provided for English governing law and FOSFA arbitration in London in the event of a dispute.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Piracy – Update And Overview

    There have been frequent attacks by pirates during this past September and with the monsoons abating, it does not take a soothsayer to predict an increase in the intensity of those attacks over the next few weeks.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Insurance & Reinsurance - "Perils Of The Seas" And Fraudulent Devices

    The recent decision of Mr Justice Popplewell in Versloot Dredging BV v. HDI Gerling and others [2013] EWHC 1666 in the Commercial Court is of considerable significance to marine insurers and non-marine insurers alike, since it involves a detailed examination and hostile critique of the development and application of the concept of "fraudulent devices" in the context of an insurance claim.
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Good Faith Obligations In Contract: Are The English Courts Going Soft?

    Traditionally, English law does not recognise a general duty of good faith applicable to contracts, and rather recognise the right and freedom of commercial contracting parties to enter into an agreement on whatever terms they see fit and to prioritise their own self-interest.
    United KingdomInternational Law
    Ince & Co
    Ince & Co

Showing 241–260 of 323 results

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