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  • 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

    New Rights for Air Passengers in Europe

    The European Regulation establishing new common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights was finally published on 17 February 2004. Regulation 261/2004 will come into force on 17 February 2005 but, before then, airlines will have to get their procedures up to date and in line with the new obligations set out in the Regulat
    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
  • Article

    Property Professionals’ Liability Briefing, Autumn 2006

    The recent press coverage of suspected mortgage fraud is a reminder that the widespread mortgage fraud uncovered in the 1980s and 1990s is still with us and thriving. However, the bad news for valuers and insurers is that the mortgage stories making the news may only be the tip of the iceberg.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    When is a Director Not a Director? The Supreme Court Enters the Fray

    When will a director of a corporate director be a de facto director of a subject company? This was the £13 million question for Mr Holland, a director of Paycheck (Director Services) Ltd which was the corporate director of 42 composite companies, because as de facto director of these companies he could be held responsible for the payment of unlawful dividends under section 212 of the Insolvency Act 1986.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Fixed-Term Contracts: A Round-Up Of Recent Cases

    There have been two notable decisions involving fixed-term employees in recent months, both of which provide much needed guidance on the interpretation of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 .
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Are "Best" Or "Reasonable" Endeavours Good Enough?

    The terms "best endeavours" and "reasonable endeavours" do not have any clear meaning, but the cases discussed in this article give a flavour of what may be required to comply with these obligations.
    United KingdomMedia, Telecoms, IT, Entertainment
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    DVT Court of Appeal Decision 3 July 2003

    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Carbon Reduction Stick v Renewable Generation Carrot – Opportunities

    "By running our business responsibly and efficiently we reduce C02 emissions and costs - making progress on the environment and helping our customers save money" - Sir Terry Leahy (CEO, Tesco plc).
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    2011 Budget – Implications for the UK’s Energy Sector

    On 23 March 2011 the Chancellor of the Exchequer, George Osborne, delivered his Budget statement to the House of Commons.
    United KingdomEnergy and Natural Resources
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    When Is A Company Insolvent?

    A new judgment of the Court of Appeal has made more complex and subjective the determination of whether a company is insolvent by reason of the so-called balance sheet test in section 123(2) Insolvency Act 1986.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    D&O Insurance On The Rise In Brazil

    Directors and Officers (D&O) insurance is on the rise in Brazil. Depending on where you obtain the information, sales of D&O insurance in the first quarter of 2010 have grown by between 41 per cent and 45 per cent when compared to the same period in 2009.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    English Law Prevails in International Reinsurance Dispute

    A case on the governing law and jurisdiction of a reinsurance policy which did not contain a choice of governing law clause.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    A Greek Tragedy in Central London

    This trial of claims for police misfeasance, which rose from a three-day trial estimate to a seven-day hearing thanks to a combination of snowbound jurors and verbose claimant witnesses, had all the hallmarks of a Greek tragedy as a tale of family discord was played out in the unprepossessing surroundings of Central London County Court.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Court Of Appeal Rejects Appeal For Extension Of Legal Privilege To Accountants

    The Court of Appeal has given its judgment1 in the appeal by Prudential Plc ("Prudential") seeking judicial review in respect of the application of legal professional privilege ("LPP") to advice on legal matters relating to tax which had been obtained from their accountants.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Freedom To Choose

    The freedom of parties to specify the arbitrators they can choose was decisively upheld by the UK's Supreme Court on 27 July 2011 in Jivraj v Hashwani. The ruling overturns the widely criticised Court of Appeal decision that an arbitration clause in a joint venture agreement was void for non-compliance with regulations implementing EU equality laws.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Brussels Regulation Prevails Over Carriage Convention

    When a carriage convention and an EU Regulation both offer provisions on the recognition and enforcement of foreign judgments, which of the two prevails over the other? In this case, the Advocate General swayed in favour of the Brussels Regulation.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

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