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  • Article

    Policy Wordings for the Insurance of Stock Held for Third Parties

    Stuart Hall and Andrew Forsyth recently acted in a Court of Appeal hearing on behalf of the Insurers of a warehousing and retail business. The Insurers successfully opposed the Assured’s appeal against a decision of the Commercial Court on a preliminary issue of policy construction which concerned the insurance of stock that had been bailed to the Assured by third parties.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Brook Street Bureau (UK) Ltd v Dacas: The Practical Consequences

    The Court of Appeal has radically changed the established law relating to workers provided by employment agencies. This article explores the consequences.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Outsourcing Disputes - The Dangers Of Ambiguity

    A successful outsourcing arrangement ideally requires an agreement which provides an unambiguous structure for the parties’ ongoing relationship. Theoretically, clarity should obviate dispute.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Coalition Speaks on Energy (again) – Devil in the Detail

    Following the brief UK government coalition statement published on 12 May, further details were added in another coalition publication on 20 May. Despite a re-ordering and tidying, little extra substantive flesh is added to energy policy upon a first reading but the devil may be in the detail.
    United KingdomEnergy and Natural Resources
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Connected Lender Liability

    In Office of Fair Trading ("OFT") v Lloyds TSB Bank plc, Tesco Personal Finance Limited Ltd and American Express Services Europe ("Respondents") (2006), the OFT appealed against a decision that credit card transactions entered into abroad did not attract connected lender liability under s75(1) of the Consumer Credit Act 1974 (the "Act").
    United KingdomFinance and Banking
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    DVT Update: Air Carriers Winning the Argument on Failure to Warn

    Despite concerns as to the possible ramifications for DVT claims of the US Supreme Court’s judgment in Husain v Olympic Airlines, DVT decisions around the globe are currently going in favour of the airlines in finding no cause of action based on failure to warn.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Payment Protection Insurance - Attacked on All Sides?

    The PPI sector is currently receiving unprecedented regulatory scrutiny. The possible consequences of this scrutiny are as yet unclear but it seems likely that both the terms on which this insurance is offered and the way in which it is sold will need to change significantly.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Reinsurance And Internationl Risk - Known Knowns, Known Unknowns And Unknown Unknowns

    There can be no doubt how hard the sub-prime crisis and the ensuing credit crunch have hit the financial markets. Similarly, insurers and reinsurers have been damaged (some critically so) by their investment strategies.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Asbestos

    The legal battle that has raged in recent months in relation to the actionability of pleural plaques is almost at an end. The House of Lords heard the appeals in "Rothwell v Chemical & Insulating Co Ltd" and a number of other cases in June 2007.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Clearing Up West Tankers

    Although the ECJ decision in Allianz SpA and Another v West Tankers Inc Case 185/07 of 10 February 2009 (“the West Tankers decision”) confirmed that under European Council Regulation No 44/2001 (“the Regulation”) any EU member state court, even one having supervisory jurisdiction over an arbitration, could not order the court of another member state to halt proceedings issued there in breach of the arbitration agreement, it did not deal with how the potential problems arising from parallel proce
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    High Court Grants "Anti-Arbitration" Injunction In Support Of UK Court Proceedings

    An unusual decision in which the High Court saw fit to grant an injunction against the continuation of arbitration proceedings in Hungary, on the ground that the circumstances were sufficiently exceptional to justify such an order.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    No Proper Paperwork, No Binding Contract

    The Commercial Court reverses six arbitration awards and holds that no binding contracts were formed between the parties in the absence of contracts prepared and signed in accordance with terms agreed during negotiations.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    One Long Party!

    The recent decision of Mackay J in <strong>Octavia Hill Housing Trust v Brumby (2010), High Court may provide some cause for concern for landlords and particularly those concerned with the letting and management of social housing.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Parties' Performance Brings Contract To Life

    TTMI challenged the decision of an arbitrator to strike out its claim against Statoil ASA (Statoil) on the ground that there was no contract between the two parties and therefore no arbitration agreement.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Regulation Of Solicitors - The New Regime

    The SRA's statement on the settlement of regulatory and disciplinary cases marked the beginning of significant changes to the Law Society's approach to the regulation of the profession, driven by the stated aims of improving transparency, proportionality and efficiency.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Directors Beware

    The 2007 case of "Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd & another centred" upon a development site in Kingston-Upon-Hull owned by Anderson Antiques (UK) Ltd ("Antiques"). Anderson Wharf (Hull) Ltd ("Wharf") was a single purpose vehicle set up to acquire Antiques' land. Its sole director and shareholder was Philip Akrill, the second defendant.
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Beware of Misplaced Expectations in Reliance Recoveries

    The English court confirms the factors to be taken into account when assessing a loss.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Exceptions To Confidentiality In Arbitration

    Wilson v Emmott (March 2008) concerned an appeal against an order for disclosure in court proceedings in NSW and BVI of documents generated in an English arbitration involving the same parties.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Time For One More?

    The Court of Appeal decision in the "ACHILLEAS" redefines the manner in which damages are calculated following the late redelivery of a chartered vessel. Transfield Shipping Inc. of Panama v Mercator Shipping Inc. of Monrovia (the "ACHILLEAS") (2007).
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Aviation Focus on Latin America

    Mexico's national air transport chamber (Canaero) has reported that the country's load factor reduced between 10 per cent and 15 per cent in 2009.
    WorldwideTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

Showing 61–80 of 796 results

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