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Double trouble for D&O insurers as the UK regulators extend the limitation period applicable to disciplinary investigations download
Recent legislative changes in the UK are likely to raise concerns for D&O insurers and their insureds.
The decision in Soufflet Negoce SA v Fedcominvest Europe SARL provides helpful guidance on the construction of the ‘Notices’ provision in GAFTA 64.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
In an LMAA charterparty dispute between Sun United and Kasteli, owners’ claims had been secured by money paid into an escrow account in the name of charterers’ solicitors.
Iran Sanctions Update — July 2014 download
At the end of November 2013, the P5+1 reached an agreement with Iran to suspend certain EU and US sanctions against Iran in return for a curb on Iran’s nuclear programme.
The ICC’s Mediation Rules are intended to facilitate the amicable settlement of disputes with the aid of a neutral third party.
The Jackson Reforms: update download
The Jackson Reforms refer to the wide-ranging changes to the civil litigation procedure brought into the Civil Procedure Rules in April 2013.
A failure to pay hire has been accorded the status of a breach of condition, entitling an owner to terminate the charter and claim damages for loss of future earnings.
The Commercial Court has ruled that damages for non-acceptance of goods represent the seller’s ‘loss of bargain’ with the buyer, rather than any loss of profit.
The UK Supreme Court has recently ruled in the case of Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland).
Bribery Act update download
Serious Fraud Office director David Green QC has proposed a number of changes to the UK Bribery Act.
Bareboat tax download
On 5 December 2013, chancellor of the exchequer George Osborne stated that the government would ‘end the abuse of… offshore oil and gas contracting’.
English Commercial Court enforces obligation to resolve disputes by friendly discussion prior to arbitration download
Multi-tiered dispute resolution clauses whereby parties are required to mediate prior to arbitration or litigation have been common currency for some time.
This award is the latest of a number of court decisions and LMAA arbitration awards dealing with issues that frequently arise in time charterparty underperformance disputes.
This article provides an update on how the Jackson Reforms have affected the litigation of commercial disputes in the English courts in the past 15 months.
Aviation: safety in the balance? download
The UK Court of Appeal has upheld an earlier High Court decision allowing reports produced by the Air Accidents Investigation Branch to be submitted in evidence.
For the first time in 15 years, the London Court of International Arbitration (LCIA) is overhauling its rules for arbitration.
The continuing effect of a negligent pre-contractual misrepresentation — Cramaso v Ogilvie-Grant, Earl of Seafield and Others download
A party can be liable for a pre-contractual misrepresentation, even though the representation was first made to a party other than the ultimate contracting party.
Court construes in-transit loss clause in voyage charterparty — Trafigura Beheer BV v Navigazione Montanari Spa (Valle di Cordoba) download
The Commercial Court has recently considered the meaning of the expression ‘in-transit loss’ in a voyage charterparty.