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  • Article

    Avian flu – Is the Market Ready?

    One of the biggest concerns currently on the catastrophe radar screen is the potential for avian flu to mutate into a form which can spread amongst humans. The World Health Organisation has cautioned that even if avian flu does not turn out to be as virulent as some predict, 7.4 million people could die worldwide. Economic damage could easily run into hundreds of billions of dollars as business grinds to a halt. Insurers could be exposed to a sizeable hit – providers of life and health insurance
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Has Something Gone Wrong In The Drafting?

    When it comes to interpretating contracts, how far will the English courts go to enforcing what they perceive to be the intent of the agreement?
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Statutory Limitation Periods For Premium Claims

    Important questions are asked about the marine reinsurance market.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    The Sub Prime Crisis: Potential Issues For The Reinsurance Market

    The sub prime crisis is constantly developing. In this article, we look at issues which reinsurers may want to consider in relation to claims arising from sub prime liabilities.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Incoterms Updated

    On 1 January 2011 Incoterms 2010 (ICC Publication No. 715) will enter into force, although there is nothing preventing their immediate use, should the parties wish to do so.
    United KingdomInternational Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Sanctions Against Iran – EU Regulation 961/2010

    A new European Union Regulation, in force throughout the EU from 27 October, imposes enhanced restrictions on the dealings of EU citizens and companies with Iran/Iranian companies and entities.
    United KingdomInternational Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    A Second Bite Of The Cherry?

    In Taylor Walton v Laing (2007), covered in the Footnotes section of the last Lawyers' Liability briefing, the Court of Appeal struck out a solicitors' negligence claim on the grounds of abuse of process. The Court reached its conclusion on the basis that the negligence proceedings would be re-litigating the same issue considered by the court in the underlying dispute, and that all the arguments made by the claimant (including allegations of negligence
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Court Of Appeal Gets Tough On Service Of Claim Forms - How To Avoid Trouble

    The Court of Appeal recently heard several appeals regarding the rules for serving claim forms (CPR Part 6). In their judgments, their Lordships emphasised (in our view correctly), that claimants should be able to rely upon their solicitors to serve claim forms validly and encouraged judges to take a dim view of mistakes made by solicitors, particularly those who leave service until the last minute when the expiry of the limitation period is approaching or has expired.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Environmental Consultants: The Liability Risk

    Increasing levels of environmental regulation have led to an exponential increase in the number of specialist environmental consultancies.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Measured Duty of Care

    Liability in tort can arise not just for the causer of a private nuisance but also for the landowner that fails to act in a way that satisfies its "measured duty of care.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Outcomes-Focused Regulation – A "Naked Road" Scheme For The Legal Profession?

    As the SRA continues with its timetable to implement outcomes-focused regulation (OFR), it has recently published its new Handbook, containing a principles based Code of Conduct.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Stop Press: The Court File - an Open Book?

    The Department for Constitutional Affairs ("DCA") has recently published advance notice of a change to the Civil Procedure Rules ("CPR") which could impact heavily on litigants, particularly in cases of media interest. From 2 October 2006, non-parties, such as journalists, will be entitled to copies of statements of case from the court file as a matter of course, without needing to apply to the court.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    To Settle or Not to Settle...

    Although litigators are usually much better at making attendance notes than their corporate counterparts, it is less common to make attendance notes of successful settlement discussions. This can mean, however, that the solicitor is exposed to liability if the client changes their mind.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Aerospace News: Liability Issues Arising From "FOD" Incidents

    FOD – damage to aircraft caused by foreign object debris – can be a significant source of liability for airports and airport service providers. Training, regular and proficient cleaning and contractual protections are all ways in which exposure to this risk arising can be reduced.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    EC Regulation 261/2004: Denied Boarding, Cancellations And Long Delays

    A year ago, the European Court of Justice ("ECJ") published a judgment which severely limited airlines’ ability to rely on a defence of "extraordinary circumstances" in defending claims for compensation under EC Regulation 261/2004 ("the Regulation") arising out of flight cancellations caused by technical problems
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Malone and Others v British Airways Plc, 3 November 2010*

    Cabin crew complement provisions in collective agreement not incorporated into individual contracts of employment.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Regulation (EC) No. 261/2004: Delays, Cancellations And A New Headache For Carriers

    Proceedings in the European Court of Justice (ECJ) have threatened the legal validity of distinguishing between delay and cancellation for purposes of compensation payments under Regulation (EC) No. 261/2004, but the ultimate outcome could be far from favourable for carriers.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    The Grit Has Run Out - A Defence To Highway Claims?

    Section 41(1A) of the Highways Act 1980 provides that a highway authority is “under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow and ice”.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    The Mechanics of the Anti-Technicality Clause Reviewed

    The High Court examines an anti-technicality clause and assesses whether the owners were right to withdraw their vessel from the charterparty following late payment of hire.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    US SDN Laws Put Insurers in a Bind

    A review of the implications for the London marine insurance market of President Obama's Executive Order on the prohibition of ransom payments.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

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