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The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.
Yacht brokers – or anyone else keen to know when a broker will or will not be due a commission – should read on…...
English law is a popular and a practical option for newbuild contracts but even if German law is not agreed, some of its provisions may still apply.
The Court of Appeal has established a ‘bright line rule’ that an assured who tells a lie will forfeit the claim.
A time-limited offer was not previously capable of being a valid Part 36 offer. This has now changed.
The reasons given for contract terminations are many and varied, but in each case the fundamental motivation is generally the same.
The High Court has ruled on the importance of compliance with formal notice provisions in a contract when serving termination notices.
The case between two Swiss companies for the sale and purchase of oil products ends after seller fails to file defence.
From 6 April 2015, capital gains tax will be extended to non-UK residents selling UK residential property.
The offshore wind industry has taken inspiration from the more mature offshore oil and gas industry.
An owner should terminate the charter in circumstances where it can show the defaults are sufficiently serious to deprive it of the benefit of the charter.
Biggest changes to British commercial insurance law for at least 100 years.
Where cargo is loaded into a carrier’s containers that are subsequently loaded onto the vessel it is unrealistic to treat this as anything other than a single loading process.
When a contract does not reflect the intention of the parties equitable relief can be sought from the court for the contract to be rectified. It is rarely granted, but in this case it was.
A useful reminder of the principles applied to calculate damages under English law.
An English court has upheld an anti-suit injunction preventing a party from pursuing direct rights of action against a P&I Club in Turkey.
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.