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The Court of Appeal has confirmed the meaning of the expression “in-transit loss” in a voyage charter party in the Trafigura Beheer case.
A recent Commercial Court decision considered the position when a contract provides for the law of one jurisdiction to be applicable, but for the arbitration to take place outside that jurisdiction.
The facts of the underlying dispute in Compania Sud Americana de Vapores A v Hin-Pro International Logistics are less interesting than the Court’s findings...
December 2014 saw the first three convictions in the Sustainable Growth Group case, involving the fraudulent selling and promotion of investment products based on green biofuel.
Who pays the Suez Canal fees? download
HBC Hamburg Bulk Carriers v Huyton was an appeal from an arbitration award on a point of construction in relation to the wording of an addendum to a charterparty.
Lorand Shipping Ltd v Davof Trading (Africa) BV (Ocean Glory) is a rare example of a successful challenge to an arbitration award on the ground of serious irregularity under Section 68 of the Arbitration Act 1996.
If a vessel’s hull is fouled during a charter and there is no opportunity to clean it before delivery under the follow-on charter to the same charterer, is the owner liable for the underperformance during the second charter?
A claim brought by Mariah Re is one of few cat bonds to have been triggered, and almost as quickly went into dispute.
The recent judgment in the Longchamp case has overturned accepted industry thinking in how bunkers and crew wages are dealt with in a hijacking.
The Court of Appeal has reached its conclusions in Mitsui Sumitomo Insurance Co (Europe) Ltd & Anor v The Mayor’s Office for Policing and Crime.
Mr Justice Jay’s judgment in Milton Furniture Ltd v Brit Insurance Ltd is a ringing reminder of the importance of an insured’s compliance with policy provisions relating to security.
Two recent cases have dealt with the obligation on (re)insurers to act in a business-like manner or to take business-like steps in the course of their claims handling or settlement.’...
Eurokey Recycling Ltd v Giles Insurance Brokers Ltd has provided helpful guidelines regarding the duties of an insurance broker in relation to the placement of business interruption insurance.
Post-Mitchell, there followed a number of first instance cases in which judges applied the Mitchell guidance to applications for relief from sanctions.
In Wellesley Partners LLP v Withers the defendant solicitors were found to be liable for damages in excess of £1.6m arising out of the unauthorised amendment of one very brief clause in an LLP agreement.
In West and another v Ian Finlay & Associates, the Court of Appeal reversed the finding of the court at first instance and held a net contribution clause to be valid and binding.
The recent Court of Appeal decision in Mehjoo v Harben Barker  EWCA Civ 358 provides guidance as to the limits of a professional’s duty to his client.
Cyber issues for insurers download
The continued dependence on electronic and network-based systems means that all businesses, regardless of their size or area of operation are increasingly exposed to cyber risks.
In Ageas (UK) Limited v Kwik-Fit (GB) Limited and AIG Europe Ltd, the High Court examined the legal authorities on measuring loss for breach of a warranty in a share and purchase agreement.
Insurance E-Brief — in brief download
The in-brief secton of Ince & Co’s Insurance E-Brief provides updates on recent legal developments and significant cases.