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Court of Appeal considers whether dishonouring LC bank has title to sue under indorsed bill of lading download
The Court of Appeal has given judgment in a case that has implications for all traders who rely on letters of credit for payment security in their sale and purchase transactions.
Bill of lading ‘law and arbitration’ clause incorporates charterparty court jurisdiction provision download
This dispute concerns a claim for cargo damage of around $1m under a bill of lading on the Congenbill 1994 standard form.
A recent decision from the Commercial Court provides useful guidance on the construction of clause 8 of the popular GAFTA 49 form.
Shipping E-Brief — more pitfalls for owners looking to terminate for unpaid hire; Hong Kong ship arrest; and more download
The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.
Restrictive covenants: East England Schools CIC (Trading as 4 MYSCHOOLS) v Palmer and Another, High Court download
It is established law that to be enforceable restrictive covenants of this nature can be no wider than is necessary to protect the employer’s legitimate business interests.
In AB v A Chief Constable, High Court [QBD]  IRLR 700, the High Court considered whether an employer is under a duty to supply a reference.
The Supreme Court has held that a female equity partner in an LLP fell within the definition of ‘worker’ under section 230(3)(b) of the Employment Rights Act 1996.
The case of Swallowfalls v Monaco Yachting concerned the construction of a yacht that was to be paid for by instalments upon the achievement of particular construction milestones.
The Court of Appeal has ruled in underwriters’ favour regarding the use of a fraudulent device by an assured in connection with the presentation of an insurance claim.
The English courts can have a critical role to play in support of foreign proceedings. The ability to obtain interim relief is an important strategic tool, which can be decisive.
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
Bribery: case update download
The international fight against bribery and corruption has received further support from the UK courts this summer.
In the context of engineering and construction contracts, the contractor’s warranties as to the standard and quality of the works will be a key item for negotiation.
Criticisms that arbitration proceedings take too long and cost too much have long been voiced by arbitration users.
The Privy Council has confirmed that an injunction restraining a bank from paying under a letter of credit on the basis of fraud will only be justified in extraordinary circumstances.
Damages for breach of terms as to quality — does the Sale of Goods Act limit such damages to depreciation in value? download
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.
Vessel arrest in Hong Kong — a means to enforce a maritime arbitration award via the backdoor? download
In a potentially very significant judgment last month, the Hong Kong High Court upheld the arrest of a vessel despite the plaintiff already having obtained an arbitration award.
The decision in Soufflet Negoce SA v Fedcominvest Europe SARL provides helpful guidance on the construction of the ‘Notices’ provision in GAFTA 64.
Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.