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  • Article

    Court Of Appeal Gives Revised Guidance On Court’s Attitude To Non-Compliance With Civil Procedure Rules

    We reported in the Spring 2014 E-Brief on the civil litigation reforms that came into force in England and Wales in April 2013 (the "Jackson Reforms").
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Commercial Court Rules On Buyers’ Rights To Extensions Of Time Under GAFTA 49

    This recent decision from the Commercial Court provides useful guidance on the construction of Clause 8 of the popular GAFTA 49 form; in particular, on the nature and scope of a buyer’s right to extend the delivery period under that clause.
    United KingdomInternational Law
    Ince & Co
    Ince & Co
  • Article

    Australian Federal Court Rules Against Foreign Arbitration When Carrying Goods From Australia

    In this recent decision, the Australian Federal Court has refused to enforce a London arbitration award.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Cargo Damage Claims – The Angeliki B

    Who has the burden of proving the cause of cargo damage when the shipowner relies on a defence to avoid liability?
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Apportionment In Liability Policies – Take Care With Your Wordings

    The Court of Appeal has ruled in Ace European Group & Ors v Standard Life Assurance Ltd that extending the principle of apportionment to recoveries under a liability policy between insured and uninsured losses was "irrational and unprincipled".
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Commercial Court Provides Further Guidance on Remoteness of Damage in Breach of Charterparty Cases

    This recent decision of Mr Justice Hamblen in the Commercial Court provides further useful guidance on the measure of recoverable damages in breach of charterparty cases.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Destruction By Fire Not A Mechanical Breakdown Under Laytime Exclusion Clause

    The Commercial Court has applied a narrow construction in this case to a laytime exclusion clause in respect of time lost at the load port.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    The Recast Brussels Regulation: Reinforcing The Arbitration Exception

    The Brussels Regulation governs the jurisdiction and enforcement of judgments in civil matters in the EU.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    What’s In A Name? The Effect Of A Basis Of The Contract Clause

    Time and Tide owned the freehold to an office block in Bedford that had planning permission for redevelopment for residential use.
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Damages For Breach Of Terms As To Quality - Does The Sale Of Goods Act Limit Such Damages To Depreciation In Value?

    This sale contract dispute provides a useful refresher with regard to the proper application of the provisions of Sections 53 and 54 of the Sale of Goods Act 1979.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Remedies For Breach Of Sale Contract Specification

    This case concerns the FOB sale by RG Grain Trade (Sellers) toFeed Factors (Buyers) of a cargo of sunflower expeller.
    United KingdomLitigation, Mediation & Arbitration
    Ince & Co
    Ince & Co
  • Article

    Potential Closure Of The Strait Of Hormuz: Implications For Shipping And International Trade

    Both the EU and the US have recently tightened their existing sanctions against Iran. In particular, the EU has recently prohibited Member States from dealing with Iranian crude oil and petroleum products.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    "Time Thereby Lost" Under The NYPE Off-Hire Clause: Court Of Appeal Reinstates Conventional Approach

    The Athena was a dispute about the meaning of the familiar NYPE off-hire clause (clause 15).
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    The Norwegian Saleform 2012 – An Overview

    The Norwegian Saleform 1993 is currently the most widely used and internationally recognised standard agreement for the sale and purchase of second hand tonnage (at least in the Western Hemisphere).
    NorwayTransport
    Ince & Co
    Ince & Co
  • Article

    Rights of the Mortgagee of a Vessel and General Information as to Arrest in China

    According to the Regulations of the PRC on ship registration, a vessel’s port of registry should be chosen by a shipowner depending on the proximity of the port of registry to its place of registration or principal place of business.
    ChinaTransport
    Ince & Co
    Ince & Co
  • Article

    Piercing The Corporate Veil: Supreme Court Clarifies The English Law Position

    The Supreme Court has recently issued a decision confirming that English law permits a claimant to ignore the separate legal identity of a company, and "pierce the corporate veil" in certain circumstances.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Does A Dishonouring LC Bank Have Title To Sue Under An Indorsed Bill Of Lading?

    On one level, this case concerns a technical issue in relation to the application of s.5(2)(b) of the Carriage of Goods by Sea Act 1992 ("COGSA 1992"), in particular, the circumstances in which "a person with possession of the bill as a result of the completion, by delivery of the bill, of any indorsement of the bill" has title to sue under a bill of lading.
    United KingdomCorporate/Commercial Law
    Ince & Co
    Ince & Co
  • Article

    Wheels On Fire: A Cautionary Tale Of Nuisance

    Rylands v Fletcher is one of the most iconic judgments ever to have been handed down by an English court.
    United KingdomInsurance
    Ince & Co
    Ince & Co
  • Article

    Marpol Annex v New Amendments Relating To Disposal Of Cargo Residues

    The Marine Environment Protection Committee adopted certain amendments to MARPOL Annex V, which entered into force on 1 January 2013, resulting in a certain amount of concern for the shipping and international trade community.
    United KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Paying Ransoms - Could The US Make This More Difficult?

    According to a number of reports in trade press and recent comments from the US State Department, the US administration seems to be flying a kite to test national and industry reaction to an initiative which may use existing UN Resolutions and the US OFAC (Office of Foreign Assets Control) Regulations ("Regulations") to allow them to take action, including the banning of ships involved from US ports, against shipowners who pay ransoms to Somali pirates.
    United KingdomTransport
    Ince & Co
    Ince & Co

Showing 261–280 of 323 results

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