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  • Article

    Carbon Capture And Storage - Why Insurers Should Take Note

    An explanation of Carbon Capture and Storage and of insurers' interest in this developing area.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Court of Appeal Examines GAFTA Readiness to Load Requirement

    The Court of Appeal reviews the readiness to load criteria under GAFTA terms and distinguishes it from the requirements of a Notice of Readiness under a charterparty.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Shot By Both Sides?

    Solicitors who conduct litigation are usually mindful of their professional duties to their client and their obligations to the court.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    The Bunkers Convention

    Following its ratification by Sierra Leone in November 2007, The International Convention on Civil Liability for Bunker Oil Pollution Damage (2001) ("Bunkers Convention") will enter into force on 21 November 2008.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Well Served?

    In this article, we consider the provisions for service of documents by email and the importance of serving documents correctly and in good time.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Justifying a Mandatory Retirement Age

    At the moment, employers that retire staff at age 65 do so without fear of unfair dismissal or age discrimination claims, provided that they follow the statutory retirement procedures, which are straightforward and relatively free of pitfalls.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Pollution Risk? A Likely Story!

    A recent judgment looks at the meaning of "likely" in the context of environmental pollution.
    United KingdomEnvironment
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Financial Assistance – Some Good News at Last?

    United KingdomFinance and Banking
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Follow Clauses No Coverage Guarantee

    If a softening market heralds more reinsurance disputes, it is a fair bet that "follow the settlements" clauses will feature heavily.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Insurance and Conflict Management

    The management of conflicts has become a key issue throughout the insurance industry, particularly for brokers and general insurers. At the same time, many in the industry have yet to realise the extent to which the issue may give rise to concerns beyond the general insurance and retail sectors.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Settling A Scor: Court of Appeal Decision on Follow Settlements in Reinsurance Contracts

    Generali appealed the original 2003 decision of the High Court in Assicurazioni Generali SpA v CGU International Insurance & Others that an undertaking to "follow <B>without question </B>the settlements of the insured except ex- gratia and/or ‘without prejudice’ settlements", remained subject to the two provisos set down in the case of Insurance Company of Africa v Scor (UK) Re ([1985] 1 Lloyd’s Re
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Sowden One Year On - Who Is Footing The Bill?

    Insurers dealing with catastrophic injury claims have seen a relentless rise in the level of damages awarded as claimants display ever-greater ingenuity in the formulation and presentation of claims. Sowden appeared to offer a means by which the care element of such claims might be reduced. How in practice are the courts reconciling the principle that the defendant should compensate for the loss which he has caused with the duty of local authorities to provide care for those in their area who ne
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Solicitors’ Duties To Third Parties – A Taxing Issue

    Does a solicitor owe duties of care to third parties when advising a client? This question was considered in the well-known House of Lords’ decision in "White v Jones".
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Three Rivers: A Further Narrowing of the Scope of Legal Advice Privilege

    The High Court made a further ruling on the scope of legal advice privilege in its judgment of 4 November 2003. The Court has further narrowed the scope of the privilege, interpreting the principles of the Court of Appeal’s decision in the same case in April 2003. In this article we review the implications for clients consulting solicitors about participating in non-adversarial matters
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Time And Time Again – Court Considers Limitation Issues Once More

    The court has grappled once again with the difficulties of determining the date when economic damage is suffered by a claimant in a professional liability claim.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Frustration and Material Adverse Change - The Secret to Avoiding Contracts in Troubled Times?

    When economic conditions deteriorate, some parties inevitably find compliance with their contractual commitments more difficult. But can a party avoid its obligations on the basis that performance has become more expensive or onerous as a result of the economic climate?
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Going Rogue - An Important New Case on Dangerous Cargo.

    At 21.00 on Wednesday 7 July 2010, while off Port Klang, Malaysia, the Master of the 8,000 TEU containership, MV "CHARLOTTE MAERSK", reported a fire on the foredeck of the vessel. The vessel and her cargo were badly damaged by the fire which reached 1,000º C in some places.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Recovery Under Civil Aviation Act For Psychiatric Injuries

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

    Reminder – New Arbitration Ordinance In Force In Hong Kong

    As with the construction of Hong Kong's international airport in the 1990s, the round of new construction projects launched by the Hong Kong Government in the last few years seem destined to result in more grievances and, therefore, delays with some of these projects.
    Hong KongLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Who's Suing Whom In The TCC In 2011?

    Although the High Court may not yet be the domain of hashtags and the twitterati, the last two months have seen the publication of important reports which allow us to see what is "trending" in the world of litigation.
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

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