Transport (Including aviation and shipping)
Insurance firm Ince & Co is discreetly sounding out firms for a possible tie-up, The Lawyer understands.
The changes likely to have most impact upon the automotive and asset finance industries.
VW under £5bn litigation cloud download
The Volkswagen Group has put aside £5bn to cope with the recall crisis and is facing collective action from its customers who purchased diesel cars with ‘defeat devices’.
Stewarts Law’s aviation team is assisting with the Royal Aeronautical Society’s seminar discussing the admissibility of air accident reports in court proceedings.
Latham & Watkins, Slaughter and May and Sullivan & Cromwell have landed top roles on the Carlyle Group’s $2bn (£1.3bn) sale of aircraft service provider Landmark Aviation to BBA Aviation.
Tui Travel group legal director Mike Bowers is leaving the company to join listed automotive company Inchcape as general counsel.
Stewarts Law aviation team is advising and assisting passengers who were on board BA2276 that suffered an uncontained left hand engine failure and fire at McCarren International Airport in Las Vegas.
Having a snack, using satnav speed camera alerts, having pets in the car – how you can be in the wrong without knowing it.
DVLA should allow reverse checks download
People with no intention of paying fines can remove and hide vehicles, at the moment.
The evacuation of flight BA2276 download
A British Airways Boeing 777-236 operating as Flight BA2276 to London Gatwick was preparing for take off at 16:12 hours on 8 September 2015 when the flight crew reported a left engine failure.
Registry will soon be a Category One General Register of British Ships.
Time spent travelling to and from appointments should be classed as work for employees without a fixed office, the European Court of Justice has ruled.
Vessel registration guide download
Registration arrangements in Cyprus, Belize, Malta, Panama, the Marshall Islands and more
Similar past incidents have caused widespread fatalities.
Network Rail corporate legal chief Natalie Jobling is leaving the company after nine years.
Mobile phone addiction is dangerous download
One-fifth of young people use them while crossing the road, for example.
Flybe’s general counsel and company secretary Annelie Carver has left the low-cost airline for legal service provider LawBite.
Danish-listed shipping and oil conglomerate A.P. Møller – Maersk has kicked off an exercise aimed at cutting legal spend and the number of advisers it turns to worldwide.
Christian Kledal has gained valuable business acumen on his way to becoming group general counsel of A.P. Møller – Maersk.
Eight golden rules.
Proposed cap could affect the way contractors cost bids and approach recruitment.
Hugh Richards acted for Staffordshire County Council, which was promoting the compulsory purchase, side roads and slip roads order under an agency agreement with Highways England.
Conyers Dill & Pearman has acted for Gener8 Maritime, Inc. in respect of the Bermuda law aspects of an offering of 15,000,000 shares of common stock at a price of $14.00 per share
From 22 October 2015 vessels must carry an insurance certificate in accordance with the provisions of convention.
Highways England is looking to grow its in-house legal team over 2015, after the government agency was separated from its parent department the Department for Transport (DfT) in April.
Consult insurance providers prior to engaging in any new activity
Hitachi Rail Europe is to hire its first ever general counsel, less than a year after the company revealed which firms had won places on its inaugural legal panel.
Why it is dangerous, and seven things you can do to stay safe.
Kazakhstan's accession to the WTO download
Kazakhstan has signed a protocol on accession to the WTO and will be an official member of the WTO on the 30th day after the ratification by Parliament of Kazakhstan.
Cravath Swaine & Moore, Mungo Tolles & Olson and Stoel Rives have won top roles on Berkshire Hathaway’s $37.2bn (£23.86bn) purchase of Precision Castparts Corporation, which manufactures metal components for Airbus, Boeing, GE and Rolls-Royce.
Recruitment sector businesses are currently prohibited from providing agency workers to organisations whose employees are taking part in strike action. However, this may all change
Given the recent tube strike and the fact that yet more strikes are being threatened, employers will undoubtedly be faced with having to deal with travel disruption difficulties.
Hogan Lovells and Shearman & Sterling have advised on the €2.8bn (£2bn) sale of Nokia’s digital mapping services business to Audi, BMW and Daimler.
Weil Gotshal & Manges and DLA Piper have won top roles on the £1.8bn sale of baggage handling company Swissport from private equity firm PAI Partners to China’s HNA Group.
Berwin Leighton Paisner (BLP) has advised Highways England as it awarded £1.55bn worth of contracts for its smart motorways programme.
Most motorbike accidents are the fault of other road users.
Mr Justice Peter Smith is facing an investigation by the Judicial Conduct Investigations Office (JCIO) in connection to his recusal from the mammoth air cargo cartel case involving British Airways (BA).
…but construction output remains flat.
Why do some lawyers insist on clinging to archaic language?
Mr Justice Peter Smith has agreed to recuse himself from a £1bn air cargo price-fixing case after lead defendant British Airways claimed that he could be biased against the company.
Shipping insurance mutual the Standard Club has undergone a review of its preferred legal advisory panel, with longstanding advisers Ince & Co and Holman Fenwick Willan (HFW) understood to have made the cut.
The AA has delayed signing off its legal panel review by three months, The Lawyer has learned.
Consultant – compliance and strategy
Senior consultant – aviation and shipping
Surprise: claims for unpaid bunkers under bunker supply contracts are straightforward claims in debt where the passing of property is not required
Also: a unified European rail market – good luck with that; restrictions on freedom in Italy; and more.
There are various types of contract for the provision of services to the offshore oil and gas sectors.
Also: be specific in tripartite agreements; the right to rely on refund guarantees; and more.
Benefits of the Cyprus Ship Registry download
Advantages (including no income tax or stamp duty) and registration requirements
The ECJ’s decision in West Tankers limited the use of anti-suit injunctions in a case where they could have prevented inordinate delay.
Global advisory firm AlixPartners has hired American Airlines general counsel Kathryn Koorenny as managing director and general counsel.
Former Ince & Co partner Nathan ‘Andy’ Iyer, who was jailed for forgery and false accounting and struck off by the Solicitors Disciplinary Tribunal (SDT) in 2012, has launched City legal services firm IY Legal.
Claimants with contractual claims against a Korean ship operator can go through London courts.
A Dutch ship operating company, SBV, brought claims against a Chinese bank, BOC, for payment under two refund guarantees governed by English law.
The Admiralty Court has reaffirmed the test for deciding whether to grant a time extension.
Blake Cassels & Graydon, Cravath Swaine & Moore and Weil Gotshal & Manges have all won top roles as General Electric (GE) sells its fleet businesses in the US, Mexico, Australia and New Zealand to Element Financial Corporation for $6.9bn (£4.4bn).
A tripartite agreement reached between the owners, the shippers and the receivers provided that demurrage be paid to the owners in the event that the owners were found not liable for cargo contamination by an arbitration tribunal.
The Commercial Court has recently ruled on preliminary issues in a cargo claim. The Court held that the ultimate buyer at the bottom of the chain of contracts had obtained good title to the cargo as a good faith purchaser for value.
Contracts often give you free rein to take a decision about something. Braganza looks again at how you decide what is reasonable. The ruling of the Supreme Court indicates a tougher attitude.
The English Commercial Court has confirmed that, when assessing damages for breach of contract, credit must be given for any monetary benefit, whether chosen or not, which a claimant has received, or will receive, as a result of taking reasonable steps to mitigate its loss.
This park has been designed to attract maritime services businesses to assist in the establishment of the Cayman Islands as the largest maritime cluster in the region.
Confirmation that an English law and jurisdiction clause in a bill of lading was exclusive.
The Commercial Court has considered a preliminary issue of contractual interpretation and ruled emphatically.
Do they survive re-nomination of load port? A recent court ruling examined.
HS2 amendments get the green light download
Most of the proposed 125 changes – all beyond Camden – are minor, says transport minister.
Aircraft leasing in Kazakhstan download
Covering the main regulating normative acts of Kazakhstan, registration in Kazakhstan, deregistration/export power of attorney, events of default, and more.
Shoosmiths has expanded its transport and infrastructure team with the hire of partner Martin Fleetwood.
Milbank Tweed Hadley & McCloy has hired Clifford Chance aviation and shipping partner Nick Swinburne as co-head of its London transport and space group.
With its tonnage tax system Cyprus is not only maintaining its position but rising up the ladder of preferred jurisdictions.
Also: will Better Regulation for Better Results work?; private enforcement in antitrust; and more.
The High Court has handed down an important decision on the scope of statutory collective bargaining under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Also: second-hand containers; private areas in public ports; pilfering; and more.
Wildcat, unauthorised strikes are on the rise.
Independent travel group and aircraft engineering company Monarch Group has appointed aviation specialist Alison Wilds as group head of legal.
B Atlantic provides a good example of the courts’ approach to construing exclusions (with perhaps surprising outcomes) and in assessing whether a foreign court has acted perversely or by reason of political interference.
A Queen’s Speech to cut red tape download
Communities to decide on wind farms; HS2 go-ahead; anti-red tape bill; EU in-out vote; and other measures
Doing business in Kazakhstan download
The government has introduced a number of financial support measures for businesses.
Doing business in Uzbekistan download
A foreign legal entity may establish a representative office to represent its interests; and all other aspects of doing business in the country.
A team of Hill Dickinson lawyers, including two partners, have left to start their own firm under the name Waterside Solicitors.
In this video Martin Irwin speaks about new approaches to infrastructure options.
Mercedes-Benz fined $57m for price-fixing.
Freshfields Bruckhaus Deringer, CMS and Gide Loyrette Nouel have advised on a deal allowing SNCF Mobilités to gain sole control over Eurostar International.
Isle of Man law firm DQ Advocates is once again represented at the Annual European Business Aviation Convention (EBACE) in Geneva on 19-21 May 2015.
Gard Marine v China: if a contract requires insurance the court will assume the parties have agreed to look to their insurers for indemnification.
Some interesting recent Technology and Construction Court cases that provide clarification on adjudication procedures and rules.
Recent notable insolvency cases download
An update on interesting cases and their outcomes.
Khaitan & Co advised ZF Friedrichshafen on the Indian competition law aspects of the acquisition of TRW Automotive Holdings by way of a reverse triangular merger for $12.5 bn.
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.
Stewarts Law’s James Healy-Pratt has appeared in the documentary ‘Terror in the skies: AirAsia and Beyond’, discussing the importance of establishing the facts following aircraft disasters.
Airlines are responsible for up to $160k per person. In bigger claims, the airline can defend itself. Money is cold comfort for families, but at least it’s an acknowledgement, says James Healy-Pratt.
Ince & Co Greater China expands services with two new appointments in HK and Beijing.
Shepherd and Wedderburn has made its first foray into the world of large format airport advertising with its campaign entitled ‘Shepherd and Wedderburn –The #1 destination for legal services’
The government has fulfilled its pledge to balance its books after seven years of deficit largely by dipping into its contingency fund, cutting spending, and selling off assets.
Canada: Federal Budget 2015 overview download
Containing editorial comments regarding the tax proposals announced in the 2015 Federal Budget.
This article highlights the main changes that may be of particular interest to owners, charterers (in particular bareboat charterers) and other interested parties whose ships may call at ports in China.
Viability continues to shape planning, but the debate is moving towards wider issues of transparency and participation.
Across the EUniverse, issue 1: e-books VAT battle; freedom of personal data; shareholders’ rights revisited; and more download
Legal implications of the latest moves in Brussels.
Cayman has taken a creditor-friendly approach to implementation.
The National Association of Insurance Commissioner’s Center for Insurance Policy and Research (CIPR) recently released the findings of its study on telematics-supported usage-based insurance.
Shanghai-based senior partners Wu Jingjing and Li Yingchun provided PRC legal counsel for AVIC International Leasing Co Ltd and its project company.
Students from around the world competed for the international title by developing innovative solutions to complex real-world business issues.
The law firm’s aviation team in the UK and US is assisting families on a pro bono basis.
The reasons given for contract terminations are many and varied, but in each case the fundamental motivation is generally the same.
In The Astra, Mr Justice Popplewell has concluded that payment of hire by the charterers was not a condition of the charterparty.
The National Audit Office notes that although private finance typically costs twice as much as public finance, it “can represent value for money”
A quarter of all road traffic incidents involve people driving as part of their work, and taking work-related road risk seriously is a legal requirement.
Investment preferences in Kazakhstan download
Measures of state support for priority investment projects.
Questions on registration, fees, authorities, corruption rules and many other subjects are answered here.
Winckworth Sherwood has made new partner appointments in transport & infrastructure and real estate.
Shipping and Transport Bulletin, April: are sanctions against Russia legal?; cancelling shipbuilding contracts; and more download
The latest news and regulations affecting the shipping and transport industries.
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.
Air passenger rights download
Consumers are becoming increasingly aware of their legal rights if they experience a flight delay or cancellation.
A carrier, whose containers had been detained for a long time and seemed to be unlikely to be returned, was found not to have the right to daily liquidated damages for an open-ended period.
The orthodox view is that damages are limited to losses suffered during the overrun period only. Similar issues were explored in a recent judgment from the Commercial Court in the Great Creation.
Advisers need appreciation of the underlying issues to best advise clients faced with often difficult decisions.
Julian Chamberlayne, partner and head of Stewarts Law’s travel team, and Chris Deacon, solicitor specialising in international personal injury, settled the High Court case of Sarah Thomas v (1) James Baker and (2) Insurance Commission of Western Australia for £6.25m.
Some families are expected to get less than $100,000, while others will receive millions.
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.
Stephenson Harwood partner Suzanne Tarplee has been seconded to High Speed Two (HS2) to act as interim general counsel and company as general counsel Betty Morgan has retired.
Speaking on LBC James Healy-Pratt of Stewarts Law identifies priorities.
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 cross-divisional team drawn from across Minter Ellison’s Hong Kong, Australian and New Zealand offices has assisted Chinese aerospace group and HKSE-listed KuangChi Science became a cornerstone investor in Martin Aircraft Company.
Commercial court judge has declined to follow Flaux J’s decision in The Astra over payment of hire.
In this case the vessel owners failed to provide the charterers with all documents in support of their demurrage claim within the 90-day time period.
Wragge Lawrence Graham & Co examines the two ‘new’ procedures introduced into procurement law by the Public Contracts Regulations 2015 (PCR 2015).
An overview of the main changes outlined by the Chancellor.
Clients often ask questions including: Is a green bond the right financing solution for us? How do we set robust criteria? What type of assurance should we consider? This paper provides some answers.
Long may crowdfunding continue to benefit those individuals and families whose lives are affected by the often devastating outcome of interaction between motor traffic and vulnerable road-users.
Arnold J decides what relief Enterprise is entitled to for infringement of its Community Trade Mark.
James Healy-Pratt, partner and head of aviation at Stewarts Law, appeared in ‘Missing: MH370 One Year On’ on Channel 5 recently.
Tim Nesbitt of Outer Temple Chambers sees clients acquitted.
No5 Chambers’ Tim Jones was an invited speaker at a seminar on international arbitration organised by the Bulgarian Chamber of Commerce and Industry, held on Friday 27 February.
Firms including Clifford Chance, CMS Cameron McKenna and Freshfields Bruckhaus Deringer have stepped up to advise on the sale of the Government’s stake in Eurostar.
Investing in the railway download
The latest report from the House of Commons Transport Committee calls for a longer-term, route-based transport strategy.
Specialist enforcement services for the recovery of aircraft and ships under a High Court writ of delivery.
Amendments to Israeli sanctions legislation, the new Sanctions Bureau and increasingly resolute policies towards Iran and other countries all warrant enhanced compliance efforts.
€170bn (£120bn) of the EU’s 2014-2020 budget is earmarked for 10 former Eastern bloc countries, much of it being spent on infrastructure and energy projects. Of these, Poland represents the largest market.
Khaitan & Co advised Yes Bank and India Infrastructure Finance Company in relation to financing of some $108m (£70m) to Essar Vizag Terminals
Greg Standing looks at the different factors contributing to growth in UK car sales, the impact of PCP products on the industry and both the challenges and opportunities facing the industry in the future.
The forthcoming Consumer Rights Bill will introduce changes to consumer laws, including those dealing with the provision of goods, services and digital content.
The High Court has approved a funding regime proposed by Mayer Brown client, the Merchant Navy Ratings Pension Fund (MNRPF), in a landmark judgment which ends a case spanning more than a decade.
Shoosmiths has been appointed to a new Mercedes-Benz UK panel alongside Nabarro after dropping off the roster in 2009.
Shoosmiths has been recognised for its role advising train manufacturer Hitachi Rail in a multibillion-pound order for trains.
The Court of Appeal has confirmed the meaning of the expression “in-transit loss” in a voyage charter party in the Trafigura Beheer case.
The Court of Appeal has dismissed a claim brought by a wheelchair user who was unable to travel on a bus because the wheelchair space was already occupied by a passenger with a child in a buggy.
Bermuda has historically been and remains an attractive jurisdiction for lenders involved in the financing of the acquisition of both private and commercial aircraft.
The case is of particular interest to those involved in the energy, commodities, shipping and transportation markets.
As well as providing security, a key function of the mortgage is preventing the aircraft’s deregistration from the civil aircraft register in the country from which it operates.
Shipowners' Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret A.S. download
David Lewis QC and Oliver Caplin acted for the defendant charterers in this case about an anti-suit injunction restraining direct action proceedings in Turkey against an international P&I Club.
Leggatt J handed down judgment in a case raising several important issues of law relating to the operation of demurrage clauses, the nature of a duty to mitigate and the White & Carter v McGregor principle.
Will ratifying the Cape Town Convention hamper restructurings of UK operators of helicopters and other aircraft?
On the road to nowhere – part one download
Following the recent high-profile demise of City Link, all eyes are focussed on the transport and logistics sector.
An analysis of the CMA’s recent Crossrail decision.
“The potential to being the chaos of computer games onto our roads will need to be avoided at all costs.”
The Court of Appeal (CoA) has rejected a claim brought by Ryanair against the Competition & Markets Authority (CMA) and Aer Lingus in the ongoing battle over the budget airline’s stake in its rival.
This post examines Part 2 of Bill C-51, known as Canada’s Anti-terrorism Act, which would amend Canada’s approach to its ‘do-not-fly’ list.
The Commercial Court recently handed down another judgment in the long-running matter of Starlight Shipping Company v Allianz Marine and Aviation Versicherungs AG & Ors .
Eversheds has bolstered its international transport offering with the hire of partner Barbara Klett, who joins from Kaufmann Rüedi Rechtsanwälte.
Eversheds expands Switzerland team with the appointment of three new partners.
Navigating a minefield – Australia's defence export controls and sanctions regimes on products download
Companies operating in Australia must be aware of the increasingly complex list of restricted products and international sanctions or risk major penalities.
Holman Fenwick Willan (HFW) partners have elected Marcus Bowman as managing partner effective 1 April, replacing George Eddings after just two years in the role.
Companies involved in oil and gas activities are tightening their belts.
Heavy snow or rainfall, combined with freezing temperatures, makes this time of year the most treacherous of all on the UK’s roads.
Shipping and Transport Bulletin: new Italian rules on road haulage; French aid to SNCF incompatible with state aid rules; and more download
NCTM has released the February-March 2015 edition of its Shipping and Transport Bulletin.
The British Virgin Islands is becoming a popular jurisdiction for aviation finance transactions in both the commercial and business jet sectors.
The judge’s finding in favour of the owners/demise charterers because the port was unsafe has been reversed by the Court of Appeal.
The Court of Appeal has given clear and helpful guidance as to the legal position when two or more known or foreseeable factors may combine to produce an abnormal event.
Holman Fenwick Willan (HFW) managing partner George Eddings is set for a challenge to his leadership in March as his two-year tenure comes up for renewal.
Five Conyers Dill & Pearman lawyers have been recognised as experts in aviation finance by Who’s Who Legal Transport 2015 for offshore aircraft finance work.
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
The Nairobi Convention will come into force in April. It provides a strict liability regime for the removal of hazardous wrecks in Exclusive Economic Zones.
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.
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?
Herbert Smith Freehills (HSF) has been appointed as the main adviser for High Speed Two (HS2), the developer of Britain’s new north-south high speed train line.
This article explores the concept of a ‘ship’ under various international maritime conventions and the possibility of treating the floating turbine unit as a ‘ship’ for the purposes of obtaining a ship mortgage.
The UK Government published draft legislation on 22 January that aims to implement the recommendations of the Smith Commission for further devolution to Scotland.
Planning update — January 2015 download
Gateley’s update offers headline-hitting news you need to know about, changes coming up in the law, landmark rulings and details of events and seminars you might be interested in.
Shoosmiths has advised Business Growth Fund on a £2.8m growth capital investment in RVL Group, an aviation services provider that operates a fleet of 15 aircraft.
An apparently normal case, a dispute under a share transfer agreement (STA), resulted in an unusual outcome in commercial litigation — a successful claim for rectification, won by 7KBW’s Robert Bright QC.
The dispute was as to the jurisdiction of an arbitral tribunal appointed under a time charter.
It has been just over a year since James Burns took over as senior partner at Clyde & Co, succeeding Michael Payton who stood down to become chairman after 28 years at the helm.
20 Essex Street has announced that Thomas Raphael has been appointed as Queen’s Counsel.
Shoosmiths has advised Peugeot Motor Company plc on the sale of Motaquip, an all-makes car part distribution business to Luton-based Comline Auto Parts Limited, an auto parts business.
Travers Smith is advising the UK’s largest online rail bookings company thetrainline.com as it prepares to go public later this year.
Crimea and Sevastopol: substantial EU additional sanctions on investment, services and trade download
To strengthen the EU’s policy of not recognising the annexation of Crimea and Sevastopol by Russia, the Council of the EU has reinforced the package of restrictive measures.
Ince lawyers in China, France, Germany, Greece, Hong Kong, Monaco, Singapore, the UAE and the UK among those listed as specialists.
Ince & Co has advised Bahri on the transfer of 20 tanker vessels from Vela as part of the largest merger in the history of Saudi Arabia.
Shepherd and Wedderburn has advised the senior creditors on the Scottish aspects of one of the largest and most complex road projects involving bond financing in the UK.
The 2014 issue of London Super Lawyers has named seven Ince & Co lawyers as ‘Super Lawyers’ and four as ‘Rising Stars’.
The recent judgment in the Longchamp case has overturned accepted industry thinking in how bunkers and crew wages are dealt with in a hijacking.
Versloot Dredging BV & Or v HDI Gerling Industrie Versicherung AG & Ors considered whether the entire claim is forfeit if an Insured relies on fraudulent means or devices in pursuing a claim.
Eurostar has delayed its panel review until spring 2015, granting Burges Salmon, CMS Cameron McKenna and Osborne Clarke a four-month reprieve.
Kennedys has hired seven lawyers to bolster its Asia aviation practice, six of whom are from rival firm Clyde & Co.
Shoosmiths and Bond Dickinson have advised on a rail deal that will bring hundreds of new carriages on the Gatwick Express and Thameslink routes as part of a £317m investment by the rail industry.
Conyers Dill & Pearman has advised Dong Fang Container Finance II (SPV) Ltd, a BVI restricted-purposes company, on its $159m (£101.5m) series 2014-1 asset backed notes offering.
Memery Crystal has advised on the reverse takeover by Hangar8 of Gama Aviation and the admission of the enlarged group to AIM.
Wragge Lawrence Graham & Co’s automotive team will play a significant role in a driverless cars initiative.
Much will no doubt be written about the main provisions of the new Counter Terrorism and Security Bill.
Insurance law reform in England download
English insurance law is changing. Following recommendations of the Law Commission, a Bill was introduced in the House of Lords on 17 July 2014 and will now be rushed through before the next election.
DLA Piper has advised Ballast Nedam NV on the sale of its offshore activities to a subsidiary of the dredging company Van Oord NV.
The Big Almaty Ring Road concession project is to be presented at the European Bank for Reconstruction and Development’s headquarters in London on 9 December.
Data Issues Roundup — Expert Panel warns of biometric data issues; ICO to undergo triennial review; and more download
Addleshaw Goddard has released the 4 December 2014 issue of its Data Issues Roundup.
Draft amendments to Law on Spatial Planning and Construction adopted by government of Republic of Serbia December 2014 download
Serbia’s Ministry of Construction, Traffic and Infrastructure has put significant effort into drafting amendments of the existing Law on Spatial Planning and Construction.
Shipping and Transport Bulletin — dredging in Italian ports; cross-border shipments of waste; and more download
NCTM has released the December 2014–January 2015 edition of its Shipping and Transport Bulletin.
DLA Piper has launched an interactive report ’Build or be Dammed: Meeting Australia’s Infrastructure Challenges’
On 31 July 2014, Fujian Tonghang Aviation Industry Co and Brumby Aircraft Australia signed contracts of joint venture. Dacheng advised Fujian Tonghang.
Shoosmiths has won the ‘Asset Finance Legal Provider of the Year’ award at the Leasing Life Awards 2014
A team from Dacheng has been admitted into a pool of PRC law attorneys for China Minsheng Investment Corporation.
The government has published its eagerly anticipated National Infrastructure Plan 2014 (NIP).
Dominic Lacey, partner and infrastructure expert at Eversheds, has commented on plans for significant development of the UK roads network.
NCTM has assisted Turbocoating, a specialist in coatings and surface treatments, in the establishment of a 50-50 joint venture with GE Aviation.
Michael Collet QC from 20 Essex Street has appeared for the claimant in Golden Endurance Shipping v RMA Watanya & Ors.
The Smith Commission download
The Smith Commission has published its recommendations for further devolution of powers to the Scottish Parliament.
The Italian government has powers to intervene in certain transactions involving Italian defence companies under Italian Law Decree No. 21 of 15 March 2012.
The Court of Appeal in Versloot Dredging BV v HDI Gerling Industrie Versicherang AG has made it clear that where an insured uses a ‘fraudulent device’, it will forfeit the entire claim.
Herbert Smith Freehills (HSF) and Macfarlanes have taken the lead roles for Stagecoach and Virgin on their joint-venture company’s deal with the Department of Transport (DfT) to secure the franchise for the re-privatised East Coast mainline.
Wanambwa has experience advising major corporates, financial institutions and insolvency practitioners on a broad range of large commercial disputes.
The University of Birmingham recently released a report outlining that the use of drones within the UK is expected to rise significantly over the next 20 years.
Colibri Kazakhstan’s team supports oil and gas projects using its practical experience and excellent knowledge of the industry.
Our experience in the mining sector allows us to support clients in projects of any complexity.
Our lawyers have excellent expertise in the transport industry.
Shoosmiths has been shortlisted for the ‘Asset Finance Legal Provider of the Year’ award at the Leasing Life Awards 2014.
Marjan Poljak, partner at Karanovic & Nikolic, was recently quoted by Monitor Global Outlook in connection with the development of Belgrade Airport.
Ince & Co has been named ‘Maritime Law Firm of the Year’ for the Middle East and Indian Subcontinent twice in the space of a month.
Spanish firm Pérez-Llorca has secured the instruction to advise the Spanish airport operator Aena (Aeropuertos Españoles y Navegación Aérea) on its upcoming flotation for a fee of just €1.
The two barristers from Kings Chambers successfully judicially reviewed Worcestershire Council in relation to WTS payments.
Ince & Co is co-ordinating a strategy to meet the fears of ship owners whose vessels remain vulnerable to arrest in the wake of the OW Bunker collapse.
The International Maritime Organisation (IMO) has produced a draft Polar Code to cover all aspects of shipping in the Arctic and Antarctic areas.
UK Automotive Newsletter — holiday pay test cases; the Consumer Protection (Amendment) Regulations 2014; and more download
This briefing from Dentons covers the latest legal and regulatory updates in the UK automotive industry.
The Ocean Glory (Lorand Shipping v Davof Trading) concerned a challenge to an arbitral award on the ground of serious irregularity under section 68 of the Arbitration Act 1996.
Rosita Lau, Hong Kong-based partner at Ince & Co, has been named winner for ‘Best in Shipping’ at the Asia Women in Business Law Awards 2015.
Fear of defeat prompted the UK government to announce an intention to devolve further powers to Scotland.
This practice group covers a range of legal, commercial and strategic advice to bidding consortia, awarding authorities, contractors and lenders in major sectors.
The Shoosmiths transport team has won the 2014 (regional) Transport Firm of the Year title at The Legal 500 UK Awards.
KPMG International’s ‘Infrastructure 100: World Markets Report’ highlights key trends driving infrastructure investment around the world.
The Yorkshire and the Humber region has shown a steady recovery across a broad range of sectors, including hospitality.
Jan Heuvels will succeed Wilson as international senior partner, while Paul Herring takes on the new role of chairman.
Ince & Co’s international senior partner James Wilson is to step down in January 2015 after two terms in office in favour of Hamburg managing partner Jan Heuvels.
Dominic Lacey of Eversheds has commented on news the government is set to invest billions in the UK roads network by the end of the decade.
On 24 October 2014, 7KBW barrister Stephen Hofmeyr QC, sitting as a deputy district judge, handed down judgment in the matter of the ‘Longchamp’.
Court of Appeal considers whether dishonouring LC bank has title to sue under indorsed bill of lading
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.
Disgruntled passengers will be soaring on cloud nine following latest decision by the Supreme Court download
On 31 October, the Supreme Court handed down its decisions regarding two applications for leave to appeal by air carriers Thomson and Jet 2.
20 Essex Street remains at the forefront of shipping and commodities law and is regarded as the leading Chambers for dry shipping work.
Members of 20 Essex Street have strength and depth of expertise in disputes concerning energy and natural resources.
20 Essex Street has a strong reputation as a leading arbitration set. It has a team of 18 leading international arbitrators from around the globe.
20 Essex Street advises on all types of commercial disputes and has expertise in disputes with an international dimension.
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.
DLA Piper has announced that Arleen Nand has joined the firm’s corporate and finance practice as a partner in Minneapolis.
The High Court has handed down judgment in Lakatamia v Nobu Su, a long-running dispute arising out of a contract to enter into a series of forward freight agreements.
Shipping E-Brief — more pitfalls for owners looking to terminate for unpaid hire; Hong Kong ship arrest; and more
The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.
Attorney Wang Darong from Dacheng’s Xiamen office has represented a Greek bidder in an auction held in Xiamen Maritime Court for AMIN 2.
The matter of redelivering an aircraft at lease expiry or upon an early termination is a complex one, and often significantly more emotive than its acceptance into service.
Eversheds has merged with Finnish full-service firm Juridia Bützow to form JB Eversheds.
This article explores some of the features and issues that may arise in corporate and private jet financing transactions involving the Cayman Islands.
Neil Hudgell Solicitors has secured compensation of £1.8m for a man who was left with severe injuries when hit by an uninsured driver.
A host of barristers from top sets and major international law firms are advising as British Airways (BA) and a number of other international airlines seek to defend a £1bn claim that they were part of a cartel raising the price of air cargo services.
Khaitan & Co has advised YES Bank in relation to a rupee term loan facility granted to Jet Airways of an aggregate amount of approximately $107m.
DLA Piper and Gallastegui Lozano are to combine in Mexico City. Locally, the combined firm will adopt the name DLA Piper Gallastegui y Lozano.
On 24 September 2014, Xi’an Aircraft signed a letter of intent with Rockwell Collins for the MA700. Dacheng assisted with negotiations regarding purchase matters.
The Competition Policy Review panel has recommended that the regulatory functions of the ACCC be spun off into a new national access and pricing regulator.
Samantha Betzien, a partner in the human resources and industrial relations group in Brisbane, has won the Queensland Woman Lawyer of the Year award.
As the winter closes in and the nights become darker, we will find ourselves facing tougher driving conditions, with visibility low and roads often wet, or even icy.
The forum presented investment opportunities in Almaty and new schemes for financing projects.
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.
IBB Solicitors’ Caroline Dunne has written an article advising medical sales representatives on how to avoid a driving ban if they have acquired 12 points on their licence.
Caroline Dunne of IBB Solicitors has written an article discussing how nurses facing a driving ban could avoid losing their licences — even if they have acquired 12 points.
You may be flying your personal or private jet in the US or through Europe, but registration in such jurisdictions may not be the right decision for you.
The following regions are discussed in this article: Azerbaijan; Kazakhstan; the Russian Federation; Uzbekistan; and Kyrgyzstan.
The Court of Appeal has ruled in underwriters’ favour as to the consequences of the use of a fraudulent device by an assured.
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.
Steve Johnson, who admitted two charges of doing an act likely to endanger an aircraft, has been jailed for a year. He was defended by No5’s Harpreet Sandhu.
Can employees smoke e-cigarettes in the workplace and what can an employer do about their use?
The US OSHA has launched an Ebola web page for employers, providing information on Ebola and how to protect workers.
It can happen to anyone, at any time. Unfortunately, road traffic accidents are part and parcel of modern day-to-day life.
Millions pledged to HS2 communities download
Businesses and communities based near sections of the proposed HS2 railway route are to get an extra £30m in financial support.
The Crossrail effect: part two download
The Crossrail effect looks set to be a positive one as an increase in connectivity and capacity opens up the possibility for investment in new parts of London.
Eversheds has advised the £480m Airport Industrial Property Unit Trust on exchanging contracts with Kuehne Nagel to deliver a 39,776m² flagship warehouse at Heathrow Airport.
Pillsbury has assembled a new team to help clients with their global security strategy and compliance needs.
Doing Business in Australia download
This guide provides sound, practical advice on the relevant laws and regulations for foreign companies looking to invest in Australia.
DLA Piper has recruited Mark Riera as a litigation partner in its Los Angeles office. Riera is a trial and appellate lawyer with experience in a range of industries.
The Legal 500 UK 2014 has recommended Ince & Co as a top-tier firm for law firms in London in corporate and commercial, commodities and shipping.
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
Scrapping and recycling: Basel or Hong Kong? Which applies, why is it important and what issues do you need to be aware of?
The legal matrix applicable to the scrapping and recycling of drilling units and vessels has never been more significant.
Accountability — don’t forget causation; no need to follow earlier erroneous accounting policies; and more download
Accountability highlights the legal and industry news affecting accountants and other professionals on a range of liability risk management issues.
Shipping and Transport Bulletin — the Italian regime of minimum road haulage prices; the SNCM case; and more download
NCTM has released the October–November issue of its Shipping and Transport Bulletin.
At the Chambers and Partners Bar Awards dinner, which took place on 2 October 2014, 7KBW was awarded Insurance Set of the Year 2014.
DLA Piper has represented Ports America in the formation of a strategic partnership with Kawasaki Kisen Kaisha (‘K’ Line).
Starlight Shipping v Allianz Marine download
As an alternative to an anti-suit injunction, the Commercial Court confirms that an award of damages for breach of an English jurisdiction clause is compatible with EU law.
Following testing in the US of driverless cars and the announcement in the UK that cars will be tested here from the start of next year, the debate around autonomous vehicles has intensified.
The Alliance Associates Weekend is now an annual event focused on growing the international prospects of aspiring associates and senior associates.
Ince & Co has announced the promotion of corporate specialist Matthew Stratton, who has been with the firm for three years, to partner.
Ince & Co has announced that Dubai-based shipping and energy specialist Rania Tadros will succeed Graham Crane as the Dubai office’s managing partner.
Eversheds partner James Hargrove is set to showcase the Swiss Arbitration alternative rules for commodity disputes at a road show in London on 16 October 2014.
Tim Jones from No5 Chambers has acted as counsel for Herefordshire Council in a wholly successful compulsory purchase order (CPO) and side roads order (SRO) inquiry.
Facing the looming economic threat: third parties retain the right to intervene in threatened industrial action download
Third parties have retained the recently acquired right to intervene to protect their interests in the face of threatened industrial action.
Barnea & Co is among Israel’s top law firms in the field of infrastructure and project finance.
FAA grants exemptions and releases guidance for operation of small unmanned aircraft systems download
On 25 September 2014, the FAA approved six exemption requests for the use of small unmanned aircraft systems for television and movie filmmaking under strict conditions.
The rise of the Turkish aviation sector reflects a wider trend of prosperity
Stephenson Harwood has advised transport company Govia on a phase one merger clearance from the Competition and Markets Authority (CMA) for the Thameslink, Southern and Great Northern (TSGN) rail franchise.
The Draft Report of the Competition Policy Review aims to set the pathway for resuscitating productivity growth in Australia.
Barrister Tim Nesbitt from Outer Temple Chambers has just concluded acting in an appeal for coach operator Carmel Coaches.
This helpful one-page summary diagram shows the current expected timetable for Great Britain’s passenger rail franchises and concessions.
Ince & Co has appointed shipping and aviation partner Philippe Ruttley, who joins the firm’s London office as head of EU and competition law.
The National Association of Financial Market Institutional Investors has approved the group’s registration of RMB820m worth of mid-term notes for this year.
The maritime business department specialises in international shipping, port management, shipping management, maritime insurance claims and ship mortgages.
King & Capital provides legal services throughout the process of establishment of the project company, co-ordinating project finance, sales and real-estate management.
Benchmark Asia Pacific, which covers the litigation market, has ranked Ince & Co as one of the recommended dispute resolution firms in Asia.
Watson Farley & Williams has today (18 September) launched its first office in the Middle East, based in Dubai.
Eversheds partner Paul Pugh has commented on the latest advancements in automation technology.
Shoosmiths has teamed up with Meridian Corporate Finance to bring together business leaders for a networking dinner ahead of the Southampton Boat Show.
A trio of law firms including Shoosmiths has advised on a £210m deal in the rail sector aimed at boosting passenger capacity into and out of London Waterloo.
HS2 changes under consideration download
Fresh concerns have been raised about the HS2 railway project in the House of Commons.
Ince & Co’s Hong Kong office has been named Asian-MENA Counsel In-House Community Firm of the Year for Maritime & Shipping: Hong Kong.
The breadth of our business means we can tackle all disputes needs under one roof.
Our experienced shipping and transport team provides a world-class service to an international client base.
Damages for breach of terms as to quality — does the Sale of Goods Act limit such damages to depreciation in value?
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.
A raft of firms including Osborne Clarke, Shoosmiths and Berwin Leighton Paisner (BLP) have played a role in Stagecoach South West Trains’ new contract to buy 30 new trains from manufacturer Siemens.
Partner — Manchester
On 1 August 2014, the ‘Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business’ came into force.
Schoenherr has advised the consortium of shareholders of Aerodrom Ljubljana on the privatisation of Slovenia’s primary airport in Ljubljana.
Airbus, like the rest of the aviation industry, competes in a global market. It is inherently international in its outlook and in its operations.
Zachry v Port of Houston Authority: Texas Supreme Court rules for contractor despite no-damages-for-delay clause download
The Texas Supreme Court has issued a decision that could have a huge impact on the construction industry in Texas involving several high-profile issues.
The English High Court has recently been asked to consider the meaning of clause 8 of GAFTA Contract 49.
Boyanov & Co has the most extensive experience in aircraft finance in Bulgaria. Our lawyers are recognised for their expertise, pragmatism and efficiency.
Partner, Capital Projects
Director, Forensic Services
Director, Forensic Services
Partner, Forensic Services
Partner, Forensic Services
Director, Capital Projects
Director, Forensic Services
Director, Forensic Services
Partner, Forensic Services
7KBW has been shortlisted by Chambers and Partners for the 2014 Chambers Bar Awards as Set of the Year for insurance, international arbitration and shipping.
Hengeler Mueller has won a victory for ‘sharing economy’ taxi service Uber in a battle over whether the company can continue offering its product in the city of Hamburg.
This article outlines the extent of EU sanctions targeted against Russia, Crimea and Sevastapol and provides some general guidance to TMT companies doing business in Russia.
European Commission proposes reforms to merger control regime; how will this affect the aviation sector? download
The European Commission has produced a white paper setting out proposals to improve and extend European Union merger control.
The potential impact of Ebola is of interest to all corporations with a presence in Africa, and in particular to those with projects, assets and personnel in the countries affected.
Clyde & Co has hired a Singapore-based aviation team from Kennedys including legacy Gates & Partners big-hitter David Johnston.
DLA Piper has advised Etihad Airways on its entry into a transaction implementation agreement with Alitalia.
On 6 August, the Union Cabinet of India approved 100 per cent foreign direct investment in railway infrastructure.
The Infrastructure Development Act 23 of 2014 creates the statutory entity that will facilitate strategic infrastructure development projects and related approvals.
On 21 June 2008, the passenger cargo vessel Princess of the Stars was lost in the Philippines after sailing into Typhoon Frank.
On 31 July 2014, the Council of the European Union adopted Regulation (EU) No 833/2014, which implements Council Decision 2014/512/CFSP of 31 July 2014.
Transport legal update: Griffon Shipping LLC v Firodi Shipping Ltd (The Griffon)  EWHC 593 (Comm) download
In Griffon Shipping LLC v Firodi Shipping Ltd (The Griffon), Teare J considered where a buyer fails to pay the deposit under a memorandum of agreement.
Pillsbury has announced the opening of its Beijing office. This is Pillsbury’s second office in the People’s Republic of China, along with its office in Shanghai.
The Ebola outbreak in West Africa has seen a number of advisories from P&I Clubs and industry bodies.
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.
An effective infrastructure is the cornerstone of a successful economy. We support the UK’s transport industry with specialist legal advice.
Dacheng has represented Xi’an Aircraft Industrial, which signed a package of transactional documents with Pratt and Whitney Canada on the purchase of engines.
Mistakes: part two download
In this conclusion of a two-part Risk Tip on the subject of mistakes, we look at what we can learn from mistakes.
Eversheds’ Alison Oldfield has commented on the proposal made by northern cities to chancellor George Osborne surrounding £15bn of transport improvements.
The US DOT is looking to increase the safety of flammable materials sent by rail — particularly crude oil and ethanol.
It is 10 years since the EU Directive 261/2004 was implemented in the UK. The directive was aimed at giving aviation passengers further rights of compensation.
Restrictive measures against the Russian Federation in relation to events in Ukraine: how will they affect you? download
The Council of the European Union has adopted new restrictive measures targeting co-operation and exchanges with the Russian Federation.
A FOSFA tribunal considered a claim by Saipol as FOB buyers for contamination of sunflower seed oil.
In an LNG time charter based on Shelltime 4, a clause provided: ‘No acids, explosives or cargoes injurious to the vessel shall be shipped.’
F, a party to a contract of affreightment that was expressly subject to English law, had an express right to terminate the contract on the insolvency of the other party, P.
The NIYAZI S collided with the STOLT KESTRAL near the port of Liverpool on 10 October 2010.
Cargo was shipped under a bill of lading for carriage from Belgium to the Yemen.
The Korean Ministry of Justice has awarded Stephenson Harwood a licence to practice in Seoul, South Korea.
Jon Mowbray, IBB partner and real-estate dispute solicitor, has discussed what rights homeowners living near the proposed HS2 route have when claiming compensation.
This briefing considers whether there may be a risk that the decisions of port authorities could be challenged by judicial review proceedings.
EU sanctions update download
Are your policies and procedures adaptable enough to deal with future changes if the crisis in Ukraine is unresolved?
The parties entered into a voyage charter of the Falkonera, a VLCC, on BPVOY4 with amendments.
A vessel was chartered by NYK to Cargill for a time charter trip.
The Mayor of London has launched London’s first long-term infrastructure plan that aims to deliver London’s infrastructure needs between now and 2050.
A trip time charter was entered into. The vessel was registered in Panama and managed by a company registered in Greece.
In its 20th anniversary year, Kalo & Associates has won several important mandates.
Stephenson Harwood is set to open its office in Seoul in the autumn, after being granted a licence to practice in the jurisdiction by the Korean Ministry of Justice.
A recent complaint brought by Ryanair to the European Commission tackled some of the most difficult issues arising in the competition law domain.
Captain Simon Dack MBE has been acquitted of corruption and money laundering, arising out of his time as quartermaster at RM Poole.
How might future UK infrastructure investment decisions be influenced by Crossrail?
The shocking news of recent airline disasters brings into sharp focus for employers the sometimes unforeseeable risks facing employees who frequently travel for work.
Russia sanctions update download
Following the downing of MH17, the EU has bolstered its stance against Russia and has increased sanctions on the state. However, tougher sanctions are being called for.
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’.
Instances of vessels making contact with and damaging a berth are fairly common. Disputed claims on liability are much rarer.
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.
From 1 June 2014, GAFTA standard form contracts have adopted new provisions relating to force majeure events.
Ince & Co has worked with Jefferies in advising a group of ship owners with vessels on long-term charter to Israeli box line ZIM on its $3bn restructuring.
You don’t have to look far to see infrastructure investment in the north is not at the level it should be.
HS2 Action Alliance has won the right to be heard in Parliament and the UNECE Aarhus Convention Compliance Committee.
Ship operators trading to Ukraine now face a potential problem of falling foul of international/European law on the one hand and Ukrainian law on the other.
The rapid rise in shipping container traffic in sub-Saharan Africa over the past two decades underlines the lucrative opportunities for businesses on the continent.
Latin American ports have received their fair share of bad press in recent years.
Eversheds has advised the Department for Transport on the new Essex Thameside franchise, which has been awarded to the current operator c2c.
Wragge Lawrence Graham & Co’s public law and regulation expert Ravi Randhawa has been promoted to the role of legal director.
A strategic co-operation framework agreement has been signed by Bo Lili and Kuang Shuangli, senior partner from Dacheng.
In Germany, new rules specifically designed to regulate the limits of working hours in the offshore industry came into effect on 1 August 2013.
Shanghai: Chinese Supreme Court strengthens interpretation on respecting the independence of refund guarantees
The Chinese Supreme Court in November 2013 circulated a draft judicial interpretation dealing with cases in relation to independent guarantees.
Implied duty of co-operation in shipbuilding and offshore construction contracts — a change in the law?
In any construction project, a degree of co-operation will be required between the buyer and the builder to facilitate successful completion of the project.
South African firm Bowman Gilfillan is strengthening its maritime expertise by merging with Durban shipping boutique Velden Pike Nichols.
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.
On 5 December 2013, chancellor of the exchequer George Osborne stated that the government would ‘end the abuse of… offshore oil and gas contracting’.
Eversheds has announced its results for the 2013–14 financial year, confirming a two per cent year-on-year increase in top-line revenue.
English Commercial Court enforces obligation to resolve disputes by friendly discussion prior to arbitration
Multi-tiered dispute resolution clauses whereby parties are required to mediate prior to arbitration or litigation have been common currency for some time.
Hot on the heels of its recent decision in Huzar v Jet2, the English Court of Appeal has handed down another passenger-friendly judgment.
Finding a solution to the crisis is both a high economic and political priority, especially with congressional elections just four-and-a-half months away.
Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers download
The California Supreme Court has clarified the permissible scope of class action waivers in arbitration clauses in California.
The notion that the two-year limitation period provided by the Montreal Convention 1999 could be applicable to claims brought pursuant to EC Regulation 261/2004 by default has been ruled out.
Landowners along the route of HS2 could find more or less of their land than previously suggested will actually be needed following a new announcement.
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.
DLA Piper has appointed Linos Choo as a partner in the international shipping team, part of the litigation and regulatory group.
Ilyashev & Partners has been named one of the top law firms in Ukraine by Ukranian Law Firms 2014 — A Handbook for Foreign Clients directory.
Jet2 is set to appeal a Court of Appeal decision as to whether ‘technical problems affecting the operation of an aircraft’ is an extraordinary circumstance.
Addleshaw Goddard has advised the DfT on the refranchise of the West Coast Main Line, which was awarded to Virgin Trains on 19 June.
On 3 June 2014, a delegation of the Brazilian Bar Association, led by Luiz Tarcisio Teixeira Ferreira, visited the head office of Dacheng.
The Court of Appeal has handed down judgment on the meaning of ‘extraordinary circumstances’ in the case of cancellation or delay arising out of technical faults.
Eversheds has announced it will be hosting the 6th Annual UK Ports Conference, which will discuss the challenges facing port owners and operators.
Eversheds has advised the DfT on the new Thameslink, Southern and Great Northern franchise, which has been awarded to Govia Thameslink Railway.
Aviation Law Watch — English Court clamps down on extraordinary circumstances in passenger claims download
The Court of Appeal of England and Wales has recently handed down its judgment in the ongoing litigation between Ronald Huzar and Jet2.
Winning the £1bn Crossrail contract was critical in reviving Bombardier’s fortunes for big-bidding, says Lynn West, head of legal for the UK’s last surviving train maker
French decree extends the number of sectors in which foreigners cannot invest without state authorisation download
On 14 May 2014, France issued a decree extending the number of sectors in which foreigners cannot invest without state authorisation.
Addleshaw Goddard has announced the appointment of rail and transport expert Paul Hirst from DLA Piper as the new head of transport.
Transport for London’s (TfL) in-house lawyers have launched a court action in the row between black cab and Uber taxi drivers.
Shepherd and Wedderburn has compiled a list of seven things businesses can do to ensure they are prepared for Glasgow 2014.
HS2 — are we on the right track? download
The HS2 project is undoubtedly important in terms of infrastructure and the wider economic benefits to the UK economy.
Dacheng’s Qu Feng is part of a working team on the standardisation of financial leasing contracts, set up at a seminar held by the Shanghai Leasing Trade Association.
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.
Eversheds has advised the sellers of Dutch aircraft fleet management company AerData Group on their sale of the group to Boeing.
Bird & Bird has lost an appeal for airline Jet2.com against a delayed passenger in a ruling which could pave the way for millions of airline compensation claims.
A cross-border mortgage dispute over three chemical ships was recently concluded and executed in favour of the party represented by a Dacheng team.
Early April 2014 saw the publication by the Department for Transport of its proposed compensation schemes for those affected by Phase 1 of HS2.
The Falkonera (Court of Appeal) download
On 5 June 2014, the Court of Appeal dismissed the appeal of the owners of Falkonera, a very large crude carrier (VLCC) against the judgment of Mr Justice Eder.
Former Clyde & Co partner Krista Bates van Winkelhof, who claimed she was dismissed from the firm for blowing the whistle on a colleague, is joining African airline FastJet as group general counsel.
The Department for Transport’s (DfT) former general counsel, Christopher Muttukumaru, has taken up tenancy at Monckton Chambers.
Wizz Air’s general counsel Owain Jones will now manage the low-cost airline’s human resources, communications and public relations arm as well as its legal function.
The National Aeronautics and Space Administration (Nasa) has named a new general counsel for the first time in a decade following the retirement of current GC Michael Wholley.
Hill Dickinson has bolstered its Asia office network with the hire of two shipping partners, taking one from Clyde & Co in Singapore and another from Kennedys in Hong Kong.
WFW appears to be going swimmingly under its post-Greville dual management team.
The legislative ‘black hole’ in aircraft creditors’ rights in Canada: pre-Cape Town Convention interests download
The entry of the Cape Town Convention into force is positive, but has led to a legislative ‘black hole’ in the protection provided to certain aviation creditors.
Pillsbury has announced that for 2014, Chambers USA has ranked 86 individual Pillsbury lawyers, with 12 partners recognised in two or more categories for a total of 98 individual lawyer rankings.
Robin Johnson, head of diversified industrials at Eversheds, has commented on the CBI Industrial Trends figures for May.
Proposed US Department of Transportation passenger protection rules offer opportunity for travel industry comments download
The US Department of Transportation has proposed new passenger protection rules for the airline and travel industries.
It is usual to find a lien clause in contracts for the carriage of goods and in freight-forwarding contracts.
NCTM has provided advice regarding the new A34 motorway in Italy. The firm advised the delegate commissioner, who is appointed to resolve traffic congestion problems in the area.
Minter Ellison’s Andrew Rentoul has predicted more infrastructure deals across Australia along the lines of the successful leasing of the Port of Newcastle by the NSW government.
Eric Pickles has declared the proposed theme park development known as ‘London Paramount’ to be a development of national significance.
Addleshaw Goddard has announced that John Joyce has been elected managing partner for a term of three years, which took effect from 16 May 2014.
The US, Canada and the EU have designated a number of additional officials and companies as the unrest continues in eastern Ukraine.
DLA Piper has acted for the Nuevo Metro de Lima consortium on its winning bid for the $5bn Lima Metro Line 2 project in Peru.
Jonathan Brook has joined Eversheds as a partner in the law firm’s London litigation team.
This group advises on transactions, tenders, contracts and so on relating to power, renewable energy, natural resources, oil and gas and more.
Norwegian firm Wikborg Rein will soon expand its China presence to Beijing on the back of increasing revenues from the jurisdiction.
One of the most valuable assets of the Hellenic Republic is the Piraeus seaport, the largest port in Greece and one of the largest in the Mediterranean Sea.
ATHEX: the place of opportunities download
Athens Exchange (ATHEX) is the only official market for shares, derivatives, products and bonds trading in Greece, both for private and institutional investors.
Conyers has advised AerCap Holdings in connection with the sale by AerCap International Bermuda of the class A common shares in GFL to GFL Holdings.
DLA Piper has advised the DfT Rail Executive on one of the first franchise direct awards since the executive’s creation earlier this year.
Conyers Dill & Pearman has provided legal advice to Agile Property Holdings in connection with the restructuring of its financing and security arrangements.
FDI Intelligence has ranked two Serbian free zones, Pirot and Zrenjanin, 41st and 48th on the list of 50 most attractive zones for foreign direct investments in the world.
The UK Civil Aviation Authority (CAA) has announced a series of measures aimed at increasing the safety of offshore helicopter flights.
The HS2 Bill will permit the construction of the first phase of the national high-speed rail network that will connect London Euston to Birmingham Curzon Street.
The UK’s ban on secondary industrial action has been held to be lawful despite its interference with the European Convention on Human Rights Article 11.
A recent Court of Appeal judgment may prove to be a catalyst for greater fines for large organisations convicted of regulatory offences.
Draft Law No. 2436a on Amendments to Certain Legislative Acts brings about a significant reduction in the number of mandatory permit documents.
Ince & Co has promoted two lawyers to the partnership with effect from 1 May 2014.
Dacheng has represented a client in a maritime transport contract dispute between an international shipping company and a Chinese polypeptide producer.
Ian Mather, corporate partner at Mills & Reeve, has been appointed to chair Cambridge Ahead.
Messages from Export Week download
UKTI launched its North West Export Week on 7 April, with an event focusing on export opportunities in south-east Asia, in particular China.
New rules provide a framework for Shanghai free-trade zone to open the doors on VATS: a cause for optimism? download
Since the establishment of the Shanghai free-trade zone, investors have been closely monitoring the liberalisation policies in the telecommunications sector.
Hogan Lovells has advised the Department for Transport on the financing of the £2.7bn East Coast phase of the UK’s Intercity Express (IEP) programme.
Ince & Co has announced that the law firm’s Asia offices have won the ‘Maritime Law Award’ at the 7th Seatrade Asia Awards.
Norwegian firm Wikborg Rein’s five-year formal law alliance with Singaporean firm Pan Asia Law has come to an end.
The IMF has slashed its 2014 growth forecast for Turkey from 3.5 to 2.3 per cent. Investors are now hoping the aviation and energy markets will provide some comfort
Conyers Dill & Pearman has promoted six attorneys to the role of partner or director.
Ofcom has consulted on regulations that would permit the use of 3G and 4G technologies on aircraft.
Allen & Overy has advised dnata on the sale of a majority stake in mercator to private equity firm Warburg Pincus.
Conyers Dill & Pearman has advised Aircastle Ltd in connection with its $450m (£271m) unsecured revolving credit facility
In February 2013, the European Commission released a draft Network and Information Security Directive.
Ince & Co partner Andrew Chan, who has advised maritime and trade clients throughout a career spanning more than 30 years, is retiring from the firm.
Eversheds has announced new senior office partner roles for the firm’s London, Newcastle, Nottingham and Cardiff offices. The changes will take effect as of 1 May 2014.
Further details have been released in relation to the compensation packages for homeowners and businesses close to the HS2 high-speed rail link.
The Court of Appeal has held that payments made in accordance with a bond will not be held on trust by the recipient beneficiary where the demand for payment was validly made.
Stephenson Harwood has advised Ambience Ventures on its acquisition of a stake in the national rail operator of Kenya and Uganda, RVR, from TransCentury.
HS2 objections build download
A House of Commons committee has said that areas of irreplaceable natural value along the route of the HS2 rail project are at risk of being subordinated to ‘crude economic calculations’.
Partner — British Virgin Islands, Cape Town
Holman Fenwick Willan (HFW) senior partner Richard Crump has relocated permanently to Singapore in a move that underlines the firm’s ambitious plans to grow its Asia practice.
Transportation is a significant area of growth in otherwise difficult economic times. But there are challenges — some commercial, some operational and some legal — in an increasingly complex and regulated market. Dentons lawyers have first-hand experience of those markets.
Conyers Dill & Pearman has provided Bermuda law advice to Aircastle on its $900m agreement for the purchase and leaseback of eight Boeing 777-300ER aircraft.
Ince & Co (including Incisive Law) has been ranked by Chambers Global 2014 in 23 legal practice areas.
Ince & Co’s Paul Ho and Evangelos Catsambas have won the Shipping/Transport categories at the 2014 Client Choice awards.
Sam Karim from Kings Chambers was part of a recent delegation on a business mission to Brazil to promote barristers’ expertise in international dispute resolution.
Walker Morris has bolstered its competition team with the appointment of Shaukat Ali as a director.
GRATA Law Firm provides legal consultancy services to companies that carry out activities in the area of construction and infrastructure.
The powers to construct and operate phase one of HS2 will be secured by means of a hybrid bill: the High Speed Rail (London–West Midlands) Bill.
Shipping and Transportation Bulletin: circumvention of anti-dumping duties; concession fees; and more download
NCTM comments on a recent EGC judgment dealing with circumvention of anti-dumping duties, a subject that has become quite frequent in international trade.
Ince & Co has confirmed it is to cut 10 shipping and finance fee earners and six secretarial staff following its redundancy consultation launched in February.
On 28 March 2014, three new EU public procurement directives were published in the Official Journal of the European Union.
The Commercial Court has held that a ‘follow clause’ had the effect of binding a company to a settlement agreed by Lloyd’s syndicates under a separate insurance policy.
Eversheds has signed an agreement with CWA Morocco to partner in the country, establishing two new offices in Casablanca and Tangier.
Spot the difference — TUPE applied even though activities carried out in different way post transfer download
The contract that was the subject of Qlog Ltd v O’Brien related to the transportation of cardboard packaging goods on behalf of a client.
DLA Piper has advised the global infrastructure arm of QIC in relation to its participation in the consortium that will fund the construction of the NorthConnex motorway.
Eversheds’ Italian office has advised UniCredit in relation to a financing deal for the Salcef Group, a railway and general construction contractor in Italy.
Stephenson Harwood has advised Northern Rail on the negotiation and signing of its 22-month single tender award franchise agreement with the Department for Transport.
Hogan Lovells has announced that it has achieved an important victory for Stansted Airport in securing the end of economic regulation at the airport.
Dacheng senior partner Kuang Shuangli from Beijing office’s finance practice has advised on the transactions surrounding the financial lease of nine aircraft engines.
Pillsbury has launched an interdisciplinary legal team focused on unmanned aircraft systems that is led by Kenneth Quinn.
Allen & Overy has advised the Flemish Region and PMV/Via-Invest Vlaanderen NV on the development of the A11 highway in Belgium.
Coach company National Express has hired Burges Salmon banking and transport partner Sandra Forbes as general counsel.
Ince & Co has announced its sponsorship of BIMCO’s annual conference, entitled ‘Perspectives in Shipping 2014 — Protecting and Developing Your Business’.
On 21 November 2013, the High Speed Rail (Preparation) Act 2013 received royal assent. The act is referred to as the ‘Paving Act’, and it has immediate effect.
Conyers provided Bermuda law advice to Castlelake, an institutional alternative investment firm specialising in aircraft, in connection with its $515.6m aircraft securitisation.
Holman Fenwick Willan (HFW) has made up six to its partnership in a round of promotions that will be effective from 1 April.
Stephenson Harwood has appointed London-based partner Richard Parsons as its global head of aviation, succeeding Singapore-based Paul Ng who is joining Milbank Tweed Hadley & McCloy.
One of the recent MIPIM highlights for me was a panel discussion focused on how HS2 will deliver economic growth to northern cities.
BDK has extensive experience in the M&A sector in Serbia, Montenegro and Bosnia & Herzegovina, both in the context of privatisation and private transactions.
Sarah Stewart and Scott Phillips discuss the Court of Appeal decision in Rogers v Hoyle and what it means to bereaved families and injured survivors of aviation accidents in the UK.
An order has been upheld against two defendants for failing to produce adequate disclosure, resulting in judgment being entered against both for more than $7m.
DLA Piper has appointed aerospace insurance lawyer Vanessa Leigh as a legal director in its aviation practice.
Ince & Co provides an overview of the contractual issues that may arise should matters escalate in Ukraine.
Conyers Dill & Pearman has played key roles in both of Marine Money’s Securitisation Deals of the Year.
Senior partner Wu Jingjing from Dacheng’s Shanghai office was recently invited by The Boeing Company and AVIC International leasing Co to attend a signing ceremony.
Dacheng’s Shangai office’s admiralty and maritime law practice and lawyers have been honoured by Chambers and Partners and Asia Law & Practice.
Partner and co-head of the shipping group Oliver Rossbach will participate in a panel discussion at INSOL Hong Kong about shipping insolvencies and restructurings.
Animal welfare: recent EU conference — mid-term review of the strategy for the welfare of animals 2012–15
The conference on the achievements of the EU strategy for the welfare of animals 2012–15: mid-term review took place on 12 February 2014.
The recent case of Astipalaia v Hanjin Shenzhen  EWHC 120 (Admlty) has revisited the existing case law on assessment of damages following a collision.
The US FAA has downgraded India’s aviation safety rating to Category 2 under the its International Aviation Safety Assessment programme.
The NDRC is collecting relevant information in the automotive parts industry and will likely launch antitrust investigations in this sector on suspicion of price-fixing cartels.
Attorneys He Haojun and Xu Pengwei from Dacheng’s Kunming office have argued that damages for psychological injury should still apply in breach-of-contract cases.
Pillsbury has announced that partners Graham Tyler and Debra Erni will join the firm’s finance practice in London at the beginning of May.
Eversheds has secured a contract as the primary legal services provider for the International Air Transport Association (IATA) across Europe, northern Asia and the Asia-Pacific.
US firm Pillsbury has bolstered its English law capability with the hire of a five-lawyer transportation finance team from the London office of DLA Piper including partners Graham Tyler, the former head of the asset finance practice, and Debra Erni.
Khristy Spyrou and Myria Agathocleous have been unanimously voted to be partners of Pamboridis.
DLA Piper has successfully advised Flughafen Berlin Brandenburg (FBB) before the European Commission in a long-running case relating to state aid.
Eversheds has secured a multi-million pound contract with the International Air Transport Association (IATA), the airline trade association, rolling out its existing mandate to include Europe, North Asia and Asia Pacific.
A dispute related to a shipbuilding contract where the bank guaranteed the payment obligations of its customer, the buyer, to the claimant seller under the contract.
In San Evans Maritime v Aigaion Insurance, the court held that the defendant following underwriter was required to follow a settlement reached by lead underwriters under a follow clause.
Hogan Lovells has advised Qatar Insurance Company on its acquisition of Antares Holdings, a Lloyd’s specialist insurer and reinsurer.
Eversheds has advised Flybe Group, a company listed on the London Stock Exchange, on raising £150m by way of a firm placing and open offer.
Taylor Wessing has acted on behalf of Lord and Lady Tanlaw and their family trusts in relation to the sale of Fandstan Electric Group to New York-listed Wabtec.
Conyers has acted for the borrower, RISE, in relation to the financing of an acquisition from affiliates of GECAS of a portfolio of 26 commercial passenger aircraft.
Croatia: recent news highlights — Strategic Investment Act and proposed new act on maritime goods and sea harbours download
The new act on strategic investment in Croatia has achieved its goal of reducing administrative procedures and ensuring the speedy realisation of strategic projects in Croatia.
Allen & Overy has advised Citigroup in its capacity as co-arranger with HSH Nordbank in relation to a secured refinancing transaction of HSH Nordbank.
DLA Piper has advised China Shipping Terminal Developments on its acquisition of approximately 24 per cent of issued shares in APM Terminals Zeebrugge.
Dominic Lacey, road infrastructure expert at Eversheds, has commented on the importance of major road infrastructure developments in the UK.
This alert provides a preliminary assessment of the cybersecurity EO and observations that may be helpful in considering how new standards may affect your company.
Ince & Co has launched a redundancy consultation with 10 shipping and finance fee-earners and six secretarial staff.
NCTM’s latest Shipping and Transport Bulletin includes comment on the Italian law relating to the granting of financial aid to Italian stevedoring companies.
Court construes in-transit loss clause in voyage charterparty — Trafigura Beheer BV v Navigazione Montanari Spa (Valle di Cordoba)
The Commercial Court has recently considered the meaning of the expression ‘in-transit loss’ in a voyage charterparty.
Ship arrest in Greece download
If a ship is arrested in Greece, the Greek legal framework provides for two types of seizure of the assets of the debtor.
In the past, vessels owned by foreign shipping companies and registered under non-Greek flags but managed through companies established in Greece used to enjoy tax immunity.
DLA Piper has advised Bristow Helicopters on its acquisition of a 60 per cent interest in the privately owned Eastern Airways International.
Hogan Lovells has advised Héroux-Devtek on the $128m acquisition of APPH and APPH Wichita (together APPH), subsidiaries of BBA Aviation.
Stephenson Harwood has appointed Michael Kim as a partner in the marine and international trade practice.
Ince & Co has announced the appointment of Hugh O’Donovan, who will join the firm’s aviation group as head of commercial aviation on 21 February 2014.
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
Ashurst picked up the mandate to advise Crossrail on its decision to award a £1bn contract to Bombardier UK.
Building your business: a practical guide to international construction, engineering and infrastructure projects download
Taylor Wessing discusses the legal, technical and commercial issues of which you need to be aware when embarking on a project in some of the world’s largest construction markets.
Stay up to date with export controls download
Numerous recent developments in export controls highlight the importance of staying up to date from both a reputational and regulatory perspective.
In this update, Ince & Co sets out the latest developments regarding the EU sanctions against Iran.
DLA Piper has advised the directors of Bryan G Hall Consulting Civil and Transportation Planning Engineers on their acquisition of Bryan G Hall Ltd from Bryan Hall.
Property update — January 2014: HS2 download
The High Speed Rail (London-West Midlands) Bill, once enacted, will give consent for the first phase of the new high speed rail project.
Ince & Co in China has been named a winner in the category of aviation and shipping in China Business Law Journal’s 2013 China Business Law Awards.
Eversheds has successfully represented the government of Peru in the International Court of Justice in relation to a maritime boundary dispute against Chile.
Public services provider Amey has decided against setting up a formal panel of legal advisers in favour of an informal referral system with a set of ten preferred firms, following its merger with Enterprise in 2013.
The DC Circuit has upheld the FAA’s 2012 determination of no hazard, clearing the construction of the 130-wind turbine Cape Wind project in Nantucket Sound.
King & Wood Mallesons has advised Beihai Port on its major assets restructuring to integrate Fangcheng Port, Qinzhou Port and Beihai Port into ‘One Port’.
‘Time thereby lost’ under the NYPE off-hire clause: Court of Appeal reinstates conventional approach
The Athena was a dispute about the meaning of the familiar NYPE off-hire clause (clause 15).
Ray LaHood and Joan DeBoer are set to join DLA Piper’s Washington DC and Chicago offices as policy advisers.
On 12 January 2014, the ban on the export of unprocessed mineral ores came into effect in Indonesia.
The final attempt to block government plans for the construction of the proposed £50bn High Speed 2 (HS2) railway through the courts has been thrown out at the Supreme Court.
Stephenson Harwood has advised VietJet Air on the purchase of up to 46 CFM 56 aircraft engines worth (at catalogue prices) up to $800m.
The first two weeks of 2014 ushered in an extraordinary weather disaster affecting most of the US, causing property damage and business interruption.
Clyde & Co has appointed Hong Kong-based aviation finance partner Paul Jebely to head the practice globally.
On 15 January 2014, the new established Italian Transport Authority (ITA) — Autorità di Regolazione dei Trasporti — became operative.
DLA Piper has advised UK Mail on an agreement with the Department for Transport to relocate its central distribution hub in the West Midlands to make way for the HS2 rail link.
Melanie Chell, head of Shoosmiths’ asset finance team, has been included in this year’s Motor Finance Power 50, which lists the 50 most influential and powerful people in UK car finance.
Stephenson Harwood has appointed Suzanne Tarplee to its rail team. Tarplee joins from Burges Salmon, where she was a legal director in the rail group.
We are regularly instructed by local and national regulators as well as regulated companies and individuals across a wide range of industries.
Building on its experience and reputation in criminal cases, Three Raymond Buildings is regarded as a leading set in health and safety and fire safety work.
King & Wood Mallesons has advised Qinhuangdao Port on its successful listing on the Main Board of Hong Kong Stock Exchange.
Burges Salmon has witnessed the departure of legal director Suzanne Tarplee, who has jumped ship from its rail group to Stephenson Harwood.
Automotive Focus — December 2013 download
Bristows has released the December 2013 issue of Automotive Focus, which consists of legal articles commenting on issues of general interest to automotive clients.
Stephenson Harwood has released the autumn/winter 2013 edition of its Aviation LegalEye publication.
The application of ETS to commercial aviation activities has been beset with controversy from the outset and had threatened to bring about all-out international trade war.
Conyers has provided Bermuda law advice to Aircastle in connection with a joint venture to invest in leased aircraft with an affiliate of Ontario Teachers’ Pension Plan.
The Court of Appeal has ruled in Virgin Atlantic Airways v Jet Airlines (India) & Zodiac Seats UK and others that the English courts cannot go behind the EPO’s decision to grant a European patent.
Kings Chambers has released the latest edition of Highway Law — a well-established practitioner text on all aspects of the law governing highways.
Taylor Wessing has advised PA Group on the sale of its full-service weather business, MeteoGroup, to General Atlantic.
Conyers Dill & Pearman has acted for Turbine Engines Securitization in relation to a pool of 32 aircraft engines and the issuance of fixed-rate notes and an e-certificate.
The third edition of Best Lawyers in the UK has recognised 21 Ince & Co lawyers, with firm representation in the commodities, insurance, litigation and shipping categories.
If you are affected by phase one of HS2, you should be examining the bill and the environmental statement now.
DLA Piper has been instructed to act on a number of cases for a non-EU carrier that test the scope of EC Regulation 261/2004 in respect of missed flight connections outside the EU.
Ince & Co has announced that Faz Peermohamed and Stephen Askins have been named as category leaders for Law in the Lloyd’s List Top 100 2013.
It is a fundamental principle of English law that when assessing damages for breach of contract, any damages awarded should compensate the innocent party for the loss of its contractual bargain.
Watson Farley & Williams (WFW) has elected London finance partner Chris Lowe and Germany head Lothar Wegener as joint managing partners.
The dispute arose under a memorandum agreement for the sale of a vessel on Norwegian Saleform 1993 terms.
Ince & Co’s London-based commodities, shipping and commercial disputes specialist Stuart Shepherd has succeeded Steven Fox as the firm’s global head of trade.
Nabarro has been hit with a £130m professional negligence claim by a former client disgruntled over the way it conducted a High Court battle.
The Athena was a dispute about the meaning of the familiar NYPE off-hire clause (clause 15).
On 27 November 2013, the New South Wales parliament passed the Motor Dealers and Repairers Act 2013 (NSW).
Conyers has advised BW LPG on the Bermuda law aspects of its initial public offering and listing on the Oslo Stock Exchange in November 2013.
This short article surveys some key news from Pierre Tallot who heads up the Taylor Wessing RCR practice in France.
Jonathan Elvey, head of Ince & Co’s Piraeus office in Greece, will be returning to the firm’s London office.
This paper by Harry Hirst, partner and master mariner at Ince & Co Hong Kong, examines the case against Captain Kulemesin on the narrow channel.
At the Lloyd’s List Asia Awards 2013, Ince & Co Hong Kong won the Deal of the Year award for its work involving financing container vessels.
In the recently released edition of The International Who’s Who of Aviation Lawyers, Who’s Who Legal has recognised six Conyers lawyers as leaders in the field.
For Julian Homerstone, being an in-house lawyer at Virgin Atlantic is like no other GC role with the inspiring and highly demanding Sir Richard Branson at the helm
Minter Ellison has recruited two former managing partners of international firms in Asia: Jem Li and Rebecca Silli.
In Spring 2014 there will be a period during which petitions (objections/representations) against the Bill can be made. The next steps are set out in this briefing.
Eversheds has been ordered to pay £2 in nominal damages to Newcastle International Airport (NIA) after the Court of Appeal (CoA) brought to an end a six-year court battle.
Watson Farley Williams’ Michael Greville has resigned from his role as managing partner after 12 years.
Stephenson Harwood’s rail practice has won Rail Finance Law Firm of the Year at the 2013 Global Transport Finance awards.
King & Wood Mallesons has advised the Transurban Group on its acquisition of all of the senior secured debt exposure of Sydney’s Cross City Tunnel (CCT).
Eversheds has advised workforce payment solutions provider FleetCor Technologies on the acquisition of Epyx, a technology solutions provider to the fleet sector, from HgCapital.
This update from Ince & Co highlights recent relevant court decisions that raise points of significance for its readers.
Real-estate update — November 2013 download
Nabarro has reased its real-estate update for November 2013, which discusses HS2 and how retailers are using technology and sustainable urban drainage systems.
Hogan Lovells has advised Astronics in relation to the acquisition of French company PGA Electronic.
A recent decision by the English Commercial Court confirms that matters of fact and evaluation of evidence are for the arbitrators.
Conyers Dill & Pearman has advised Avolon, an aircraft leasing group, on the Bermuda law aspects of its $636m asset-backed securitisation for Emerald Aviation Finance.
Charles Priday of 7KBW acted for the successful appellants in BAT v Exel Europe and others  EWCA Civ 1319.
In May 2006, the Alexandros T sank off the shore of South Africa; her owners commenced proceedings in the Commercial Court against the vessel’s insurers for an indemnity.
No5’s Tony McDaid recently chaired a seminar looking at opportunities for Midlands law firms and businesses to engage in overseas opportunities from Birmingham.
Addleshaw Goddard has appointed energy, shipping and international trade expert Mike Melwood Smith as a consultant to the firm’s Singapore practice.
In this update from Stephenson Harwood’s Piraeus office we take a look at recent changes to the tonnage tax regime in Greece applying to foreign-flagged vessels enacted in January this year by the Greek government.
An eight-year dispute in which Stephenson Harwood acted for two of the defendants has been been brought to an end by the Supreme Court’s decision refusing permission to appeal.
Stephenson Harwood, Freshfields Bruckhaus Deringer and DLA Piper have won roles to advise on the sale of GE Capital’s TIP Trailer Services to China’s HNA Group for an undisclosed fee.
Kevin Cooper and Estelle Pattard have relocated to Ince & Co’s Monaco office to meet the demands of shipping, yacht, offshore energy and international trade clients.
The free-trade zone initiative is intended to be a pilot programme to provide a blueprint of how China will reform its economic structure.
Ince & Co recently represented Vitol Asia and Vitol SA before the Court of Appeal in the matter of the Crudesky.
Eversheds has advised Manchester Airports Group (MAG) on its joint venture in relation to the development of its £800m Airport City project.
DLA Piper has successfully represented Jiangsu Eastern and Ningbo Ningshing in a litigation case in the English High Court.
Budget airline Monarch has delayed publishing the results of its recent panel review following a revamp which kicked off in February.
The FCC has rejected two former Virgin employees’ claims that they were selected for redundancy because they had exercised workplace rights under the Fair Work Act 2009 (Cth).
As the shipping industry is hit harder than ever, platform solutions and capital markets are becoming options.
Eversheds has expanded its transport team by hiring international rail expert Andrew Herring, who has advised a multitude of public and private sector clients in the transport industries.
Commercial negotiations for airport services in the UK spark reconsideration of airport market power: how does Australia compare? download
The outcome of the CAA’s consultation regarding Stansted airport may provide insight for the question of whether further regulation of Australian capital city airports is required.
Fiji Airways has hired a local senior associate as its new general counsel, replacing the airline's first-ever in-house lawyer Jay Shree following an "exhaustive search process".
Legal 500 UK 2013 has recommended Ince & Co as a top-tier law firm in shipping and corporate and commercial.
A long battle between airline pilots and British Airways may have paved the way for more generous holiday pay for ground-based UK workers.
Taylor Wessing has announced the hire of Matthew Jones to its construction and engineering group.
Stephenson Harwood has appointed a legal director and two consultants to its offices in China.
Ogier in Guernsey has advised on the launch of a new investment vehicle, DP Aircraft I, which has raised $113m through a placing.
Pinsent Masons’ freshly-installed projects team are taking forward the Transport for London (TfL) tube mandate they won while at Bircham Dyson Bell (BDB) after their move last month.
The autumn 2013 issue of Ince & Co’s Shipping E-Brief is available now.
Jason French-Williams, an expert in transport and employment at Eversheds, has reacted to the decision from the European Parliament regulating pilots’ working hours.
Ince & Co partner Kevin Cooper is the contributing editor for the fully revised and updated sixth edition of Getting the Deal Through — Shipping.
Spanish competition authorities impose fines of €43m for price fixing on Valencia Port Authority and others download
The Spanish Competition Commission has imposed fines of €43m on five business associations, three companies and the Valencia Port Authority for fixing prices.
Our seasoned team has been involved in a high number of complex transactions in this field, working for a wide variety of clients and in a wide variety of matters.
The Eversheds infrastructure group comprises in excess of 150 lawyers across our international offices.
NCTM has released the October-November issue of its Shipping and Transport Bulletin.
Recent legislative activity illustrates how governor Chris Christie is striking the balance between making New Jersey business-friendly and protecting the state’s employees.
Our shipping team has served clients through every phase of the business cycle and can help you find a fresh perspective on every dispute, crisis, contract and negotiation.
Lloyd’s List has awarded Captain Faz Peermohamed, the head of Ince & Co’s admiralty team, the Global Maritime Lawyer of the Year 2013 prize.
With the re-launch of the franchising system and a return to shorter franchises, the spotlight returns to how operators and investors can be incentivised to invest on a long- term basis
This article will focus on knowing your products and technologies and understanding the compliance obligations attached to them.
The FCC issued a notice of apparent liability for forfeiture in the amount of $20,000 to an Alaskan telecommunications company for tower lighting violations.
Ryanair has been told to reduce its 29.8 per cent stake in Aer Lingus to just five per cent.
Railcare has been saved after a deal was struck with a German company that was previously on the verge of buying the business in July.
Aviation safety download
There are now more detailed rules for certain aspects of commercial and non-commercial aviation operations.
There has been a lot of speculation recently in the Russian airline industry about the future prospects for budget carriers.
Total legal costs for the first phase of HS2, the planned high-speed railway, are expected to hit £5m with £400,000 already spent on battles in the High Court and Court of Appeal (CoA).
The Court of Appeal has upheld the judgment in Antonio Gramsci Shipping Corp & Ors v Aivars Lembergs.
Documents presented under a letter of credit must strictly comply with the requirements of the letter of credit in order for the issuing bank to make payment.
On one level, Standard Chartered Bank v Dorchester LNG(2) Limited concerns a technical issue in relation to the application of s.5(2)(b) of the Carriage of Goods by Sea Act 1992.
On 12 September 2013, the government announced the latest consultation on the proposed compensation scheme for properties affected by the High Speed 2 rail network (HS2).
NCTM Studio Legale Associato has launched its new trade and customs practice: the firm’s 19th practice area.
The Maritime Labour Convention came into force internationally on 20 August 2013 and within two weeks of port state control having commenced, the first vessel was detained for non-compliance.
Hogan Lovells has advised the unitranche and super senior lenders on Exponent Private Equity’s £190m dividend recapitalisation of thetrainline.com.
Australia has now enacted the implementing legislation to give effect to the Cape Town Convention in Australia.
Ince & Co is a gold sponsor of the inaugural London International Shipping Week (LISW), which is taking place between 9–13 of September.
Ince & Co has advised UASC on a 10-containership order with Hyundai Heavy Industries.
China’s new regulation on VAT, which went into effect on 1 August 2013, may increase charges on exports originating from China by up to six per cent.
Ince & Co has announced that it has bolstered its Dubai office with the appointment of Rania Tadros as a partner.
This was a typical aircraft financing that involved a complex series of related transactions, but the basic facts can be shortly stated.
Cleary Gottlieb Steen & Hamilton has waded back into the fray for Ryanair after the airline was told to slash its stake in rival Aer Lingus to 5 per cent by the UK Competition Commission (CC).
The European Commission has published amendments to the state aid Enabling Regulation (Council Regulation 994/98) and the state aid Procedural Regulation (Council Regulation 659/99).
Jane Hider, a partner at DLA Piper, has been awarded best lawyer in the transport and logistics category at the 2013 Euromoney LMG Australasia Women in Business Law Awards.
Hill Dickinson has obtained the approval to launch an office in Hong Kong and enter into an association with a local firm.
Taylor Wessing has relaunched its shipping practice.
Ince & Co has advised Golar on the completion of a floating storage and regasification unit time charter with the Ministry of Energy and Mineral Resources of Jordan.
Starting an airline requires entrepreneurs with drive, motivation and vision to turn the idea into a viable reality.
The government has brought in new rules to close the judicial review loophole.
Taylor Wessing has acted for a bank on transactions including the financing of the acquisition and refinancing of two bulk carriers by a shipping company.
Taylor Wessing has advised a ship financing bank that is helping an issuing house to incorporate several ships from a closed fund into a new company.
Since 2002, airports and airlines have negotiated the terms and conditions of use of aeronautical services without any regulatory intervention or oversight.
In this issue of our bulletin we analyse the possible consequences of the non-payment of an ocean freight.
DLA Piper has advised Etihad Airways on its acquisition of a 49 per cent stake in JatAirways as part of an extensive strategic partnership between the two airlines.
General counsel Carol Hui and her small team are guiding Heathrow through turbulent times
'Princess of the Stars': Amlin Corporate Member Ltd & Others v Oriental Assurance Corporation download
At a trial of the action, Mr Justice Field held that there had been a breach of the typhoon warranty.
London City Airport has wrapped up a competitive tendering process that has seen four firms win favoured status with the business’s legal department.
The Court of Milan has considered as an abuse of dominant position Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency.
Bermuda Shipping News — July 2013 download
Bermuda-registered vessels will not be ’targeted’ for inspection by the US Coast Guard’s Port State Control Authorities going forward.
The July 2013 issue of Ince & Co’s shipping e-brief is available now. It provides information on key legal decisions and developments in shipping and related areas.
Clifford Chance advised longstanding client Abertis on the sale of Belfast International and Stockholm Stavsta airports to ADC & HAS Airports Worldwide.
The Court of Appeal (CoA) has rejected a bid by campaigners to block Government plans for the construction of the proposed High Speed 2 (HS2) railway.
In 2009, the vessel NANCY was totally lost by fire at Nakhodka. The owner of the vessel claimed an indemnity under a marine insurance policy from their hull insurer for the constructive total loss of the vessel.
Lloyds List has shortlisted Ince & Co’s Capt Faz Peermohamed for its Global Maritime Lawyer of the Year Award.
Conyers Dill & Pearman has advised Aircastle on its issuance to Marubeni Corporation of 12,320,000 common shares of Aircastle.
Mexico’s minister of communications and transportation has announced a new investment programme for transportation and telecommunication for 2013–18.
In Murray’s Transport NSW Pty Ltd v CGU Insurance Ltd, insurers successfully relied on an exclusion clause to avoid a third-party claim under section 51(1) of the Insurance Contracts Act 1984 (Cth).
HS2 Phase 1: safeguarding directions issued, but will it stop you selling or developing your land? download
The Department for Transport has issued safeguarding directions for the vast majority of Phase 1 of the HS2 project.
The decision in Versloot Dredging BV v. HDI Gerling and others (The DC Merwestone) is of considerable significance to marine insurers and non-marine insurers alike.
Ince & Co has posted a 1.7 per cent increase in its 2012/13 turnover from £91.6m to £93.2m.
On 25 June 2013, the French tax authority published an official notice to confirm that VAT must be applied to yacht charters commencing in French waters.
The Cape Town Convention Bills have received Royal Assent.
This article highlights some of the more significant changes brought about by the relevant amendments to the German Commercial Code.
Temporary aircraft registration certificates to be issued by the Bermuda Department of Civil Aviation download
The Conyers team has worked closely with the BDCA to address the ongoing needs of its clients.
Ince & Co advises Hong Kong’s Shun Tak Holdings.
Asia offices win Seatrade Asia Maritime Law Award 2013.
The relevant charterparty wording did not allow for NORs to be validly served by email.
This paper sets out the key differences between the various forms of security commonly used in the Asia- Pacific market.
The Federal Court of Australia recently considered whether head owners could be liable to disponent owners for conversion or detinue as a result of retaining bunkers on board the vessel after lawful withdrawal from the head charter.
This Commercial Court decision is of practical importance because there appears to be no previous authority on one of the principal points considered.
This briefing focuses on Metall Market OOO v Vitorio Shipping Company Limited (Lehmann Timber)  EWCA Civ 650.
Ince recently represented cargo interests in English High Court proceedings in which ship owners sought to constitute a tonnage limitation fund.
Changes to Munitions List, Commerce Control List go into effect in October, and more change is in the works — are you ready? download
The US has issued final rules detailing changes to the classification of certain aircraft and gas turbine engines under Categories VIII and XIX, respectively, of the Munitions List.
DLA Piper has obtained a second favourable opinion on behalf of K-Sea, dismissing claims against the independent directors of the oil barge operator.
DLA Piper has been recognised at The Lawyer Awards 2013 for its role advising Agility Trains on a £4.5bn contract to build and maintain the new Super Express trains.
How much is too much? A call for global principles to guide to the punishment of international cartels
Few issues engender as much debate in antitrust circles as the concern of overlapping punishment of cartel offenders in international cartel cases.
Fraudulent bills of lading download
The ‘bill of lading’ is a formal document that serves as a receipt for cargo being transported by a sea carrier.
Hogan Lovells has been recommended by the Legal 500 US 2013 edition in 35 practice areas, including seven rankings in the Tier-1 category.
On Friday the High Court handed down its decision in relation to the long running access dispute between Fortescue Metals and BHP Billiton and Rio Tinto over access to BHP Billiton’s and Rio Tinto’s iron ore railways in the Pilbara.
As a relatively niche area, vacancies in the shipping market are hard to come by. That said, a number of recruiters are adamant that associates and partners with a strong set of demonstrable skills and a substantial client following will always be in demand.
Ince & Co is celebrating the 20th anniversary of the opening of its Piraeus office.
NCTM has released its Shipping and Transport Bulletin for June–July 2013.
King & Wood Mallesons has acted on the A$5.07bn privatisation of two of Australia’s biggest ports.
Two Cape Town bills were introduced in the Australian Parliament on 29 May 2013.
Fortune Plum: Commercial Court confirms owners’ affirmation of charterparty does not prevent later acceptance of continuing renunciatory breach download
Case highlights the difficulties faced by a ship owner in deciding whether his charterer has evinced an intention not to perform the charterparty.
Pinsent Masons has hired Bircham Dyson Bell projects partner Robbie Owen as a partner and head of its infrastructure planning and government affairs group.
Revised MARPOL Annex V: an update download
At the 65th session of the MEPC, one of the items on the agenda was the revised MARPOL Annex V, which came into force on 1 January this year.
Ince & Co partner Albert Levy has been re-elected to serve as committee chairman of Superyacht UK (SYUK) for the forthcoming year.
Traditionally, English law does not recognise a general duty of good faith applicable to contracts (with certain limited exceptions, such as insurance contracts).
Joint Standing Committee on Treaties recommends ratification of Cape Town Convention and Aircraft Protocol download
The Joint Standing Committee on Treaties has recommended the ratification of the Cape Town Convention and Aircraft Protocol.
A recent judgment highlights the importance of obtaining any indemnities/guarantees on a back-to-back basis throughout the charterparty chain.
Chambers USA 2013 recognises Hogan Lovells’ practice areas and lawyers.
Transport for London legal director Andrea Clarke’s remit has extended to take in new in-house and policing tasks - all while ensuring that the city keeps on moving
The Maritime Labour Convention (MLC) will enter into force internationally on 20 August 2013.
Tony Payne has joined DLA Piper’s London office as a legal director in the firm’s aviation practice.
Ince & Co has published the April 2013 edition of its International Trade and Commodities Legal Update.
Admiralty and maritime law is one of the most ancient of all bodies of law, with legal practice in this area deeply intertwined with marine transportation, international trade, international clearing, insurance and other related fields.
The government’s priorities for the coming year include infrastructure, energy and water.
This year’s Queen’s Speech was as noteworthy for what it did not contain as its contents. The legislative themes are controlling immigration and promoting growth.
Taylor Wessing has added a fresh batch of data-protection-focused content to its Global Data Hub site.
Conyers Dill & Pearman has advised ING Bank, and other banks and lenders, in relation to the establishment of a senior-secured $1.45bn credit facility.
DLA Piper has represented Erickson Air-Crane in a stock purchase agreement for Evergreen Helicopters from Evergreen International Aviation.
Stephenson Harwood has made up four lawyers to partner from today (1 May), with the promotions coming alongside its seventh partner hire from Dentons in two years.
Conyers Dill & Pearman has represented SeaCube Container Leasing in connection with the acquisition of SeaCube by Ontario Teachers’ Pension Plan by way of amalgamation.
DLA Piper has advised Etihad Airways on its investment of $379m in a 24 per cent stake in Jet Airways as part of a strategic alliance between the two airlines.
Amey is considering introducing a formal legal panel within a year following the infrastructure support group’s merger with rival Enterprise.
Ince & Co has announced the imminent promotion of three lawyers to the partnership.
A recent Court of Appeal judgment has been welcomed by many participants in the aircraft leasing industry.
The Astra: single hire default entitles owners to withdraw and claim loss of profit for remaining charter period download
A Commercial Court judge has decided that a failure to pay hire under an NYPE charterparty amounts to a breach of condition, entitling a ship-owner to terminate and seek damages.
Latham, Linklaters and Joelson Wilson have advised on Carlyle Group’s purchase of London minicab group Addison Lee, a deal reported to be worth £300m.
Network Rail has cut its core legal panel from 12 firms to five following a review that has seen Dentons win a new spot on the roster.
Time charterer Cargill withheld hire from disponent owners NYK pursuant to a period off-hire clause in a time trip charter on amended NYPE terms.
The Court of Appeal has upheld the Commercial Court decision that a ship-owner is entitled to redirect the payment of freight due under bills of lading and separately rely on a charterparty lien on sub-freights.
The Commercial Court has considered the circumstances in which a term may be implied into a contract as a result of a course of dealing between parties.
This article is intended to address some of the concerns relating to the amendments to MARPOL Annex V.
Winckworth Sherwood has appointed solicitors James Lynas and Hazel Anderson to the partnership.
Conyers is regularly involved in the largest, most innovative and complex corporate transactions involving companies in Bermuda, the British Virgin Islands, the Cayman Islands and Mauritius.
Bird & Bird has appointed former Virgin Atlantic counsel Leo Fattorini as a partner and head of its Asia aviation practice.
Ince & Co set to discuss key issues in Indian shipping at Mumbai seminar.
Griffon Shipping LLC v Firodi Shipping Ltd (the Griffon)  EWHC 593 (Comm).
The April–May 2013 issue of the Shipping and Transport Bulletin is available now.
DLA Piper wins Euromoney Middle East Deal of the Year Award 2012.
King & Wood Mallesons has acted for Airtrain Holdings in its sale to USS Axle, by way of three interconditional schemes of arrangement, for AUD109.55m (£76m).
Thomson Reuters’ Super Lawyers publication recognises Ince & Co.
The European Commission is to allow the guidelines on the application of its treaty to maritime transport services (2008/C 245/02) to lapse.
Ince & Co has been recognised in Chambers Global 2013: The World’s Leading Lawyers for Business.
Taking a tenancy of airport real estate may at first appear little different to leasing any other type of commercial property. However, the operational requirements of a company wishing to take space at an airport need to be thought through carefully.
Hogan Lovells has advised APICORP and Tufton Oceanic on petroleum product tanker financing and acquisition.
NCTM is one of the leading practices in Italy in the marine, aviation and transportation sector.
EU Regulation 261/2004 (Regulation) affords air passengers a right to compensation and assistance in certain circumstances in the event of flight delay, cancellation or denied boarding.
This briefing will provide an overview of some of the models used in delivering supply chain infrastructure.
Ince & Co recognised as firm winner for Greece at 2013 Client Choice awards.
Hogan Lovells advises Afrexim on Kenya Airways aircraft financing.
Xu Guo has joined Ince & Co as a consultant based in the firm’s Beijing Office.
Berwin Leighton Paisner (BLP) and Morton Fraser have won new spots on Heathrow Airport Holdings’ legal panel following a review by the company formerly known as BAA.
Ince & Co in China is named ‘International Law Firm of the Year — Shipping’ at Chambers China awards.
The recent temporary grounding of the world’s first all-composite-construction aircraft, the Boeing 787 Dreamliner, is relatively unusual in that it has affected the worldwide fleet.
Judgment deals with recoverability of costs of an arbitration as damages in a series of arbitration references.
Legal guide — shipping in Cyprus download
Pamboridis offers a legal guide to shipping in Cyprus.
Ince & Co sponsors London International Shipping Week
Shipping e-brief — January 2013 download
Ince & Co has released its shipping e-brief for January 2013.
Chadbourne promotes four attorneys to counsel in New York and Washington DC.
Small guide to emobility download
Dr Michael Krämer, senior associate and energy specialist at Taylor Wessing, Dubai, describes his experience with electric vehicles in the UAE.
The firm provides regional and international support to ship owners, cargo interests, insurers and P&I clubs, as well as bankers dealing with the shipping industry.
Veteran aviation lawyer and partner in Hogan Lovells’ Washington, DC office Jeffrey Shane is to join the International Air Transport Association (IATA) as general counsel.
Hogan Lovells has announced that Jeffrey N Shane will assume the role of general counsel with the International Air Transport Association (IATA) in Montreal starting in April.
The Curtis Transportation practice represents multinational corporations, governmental entities and private companies operating in the US, Latin America, Europe and the Middle East.
The Curtis Shipping and Maritime group combines a thorough knowledge of the shipping industry and international and domestic marine and commercial laws with expertise in energy, capital markets, restructuring and insolvency, infrastructure and commodities.
An analysis of the Minerva Navigation Inc v Oceana Shipping AG (M/V Athena) case, concerning the duties of ship-owners as regards charterers in shipping law.
Analysis of the Yilport Konteyner Terminali Ve Liman Isletmeleri AS v Buxcliff KG and others case, which underlines the importance of careful drafting in the wording of documents creating obligations, such as letters of undertaking or indemnities.
Much debate has centred around whether sales of rigs or vessels using or based on the Norwegian Saleform 1987 or 1993 exclude the obligation on the seller to ensure that the vessel is of satisfactory quality and fit for purpose pursuant to the Sale of Goods Act 1979, as amended (SOGA).
Employment law continues to evolve rapidly and, since our Spring 2012 Employment Law Update, there have been further significant developments, in particular as regards employer pension duties and imminent changes in relation to the employment of seafarers.
Shipyard liable for failing to obtain extension of refund guarantee within a reasonable time download
A shipyard’s failure to procure a renewal of a refund guarantee (two days before its expiry), was held to be a breach of an implied term of the shipbuilding contract that the shipyard must procure an extension within a reasonable time.
We set out below an overview of the most significant further restrictions imposed by the EU Council Decision 2012/635 of 15 October 2012 Regulation 1263/2012. These further restrictions apply in conjunction with the pre-existing restrictions, details of which can be found in our previous updates.
The principal issue in this case was whether a time charterparty was frustrated after the vessel was involved in a collision and the costs of repairing the vessel exceeded her market value.
The Commercial Court has applied a narrow construction in this case to a laytime exclusion clause in respect of time lost at the load port.
In recent years, the English courts have been more reluctant to issue anti-suit injunctions preventing a party from bringing or pursuing foreign court proceedings, due to the concern that they conflict with the principle of comity between states and interfere with the foreign court’s jurisdiction.
Cargo interests brought a claim under the bills of lading in relation to a heavily rusted cargo of steel pipes. The pipes were in fact rusty on shipment, but the bills of lading contained a standard form RETLA clause (named after the US case, Tokio Marine & Fire Insurance v Retla Shipping), on which the owners sought to rely in order to defeat the claim.
The Commercial Court has recently determined a question of law arising under the Supplytime 1989 charterparty form.
The Cayman Islands is widely recognised as a leading jurisdiction for the registration of business jet aircraft.
Hill Dickinson is launching an office in Monte Carlo in a bid to boost its yacht and shipping practices.
Taylor Wessing has developed and negotiated complex logistics contracts for major commercial enterprises that go far beyond the traditional warehousing contracts.
As the energy industry sees an increased demand for the development of new energy infrastructure along with state-owned energy facilities increasingly passing into private hands, Karanovic & Nikolic is regularly called upon to provide effective legal advice in this area.
We count among our clients many of the world’s leading shipowners, P&I Clubs, charterers, builders, traders, banks and insurers.
Ince & Co’s reputation for advising clients in the aviation sector is built on our in-depth understanding of the aviation industry, knowledge of aviation technology, the current commercial issues and our first-hand experience.
The United States has enacted a new round of sanctions on Iran targeting non-U.S. companies that are conducting business with Iran related to shipping, shipbuilding, insurance, and metals.
Singaporean firm Allen & Gledhill, Clyde & Co and City shipping boutique Waterson Hicks are embroiled in a lawsuit filed by a Swiss Bank against the Singaporean firm over alleged negligent advice.
Slaughter and May has taken a lead advisory role alongside US firms Davis Polk & Wardwell and Willkie Farr & Gallagher and Benelux outfit De Brauw Blackstone Westbroek on UK insurer Aviva’s disposal of its remaining stake in Dutch rival Delta Lloyd.
Herbert Smith Freehills (HSF) and Norton Rose have won advisory roles alongside American firms on an agreement that sees US carrier Delta Air Lines buy a 49 per cent stake in Virgin Atlantic Airways from Singapore Airlines for $360m (£224m).
Watson Farley & Williams has hired a team of four lawyers from Holman Fenwick Willan (HFW) in Hong Kong to strengthen its dispute resolution and projects practice.
Network Rail has invited 20 firms including Clifford Chance, Eversheds and Simmons & Simmons to pitch for its external legal panel as the transport infrastructure group’s new general counsel prepares to review its roster of advisers.
Wragge & Co has won a lead role alongside Gateley on the administration of Manganese Bronze, the stricken company behind London’s world-famous black cabs.
Clifford Chance, Freshfields Bruckhaus Deringer and Simmons & Simmons took roles advising on the acquisition of a 10 per cent stake in Heathrow Airport by a subsidiary of China Investment Corporation (CIC).
Baker & McKenzie and CMS Cameron McKenna are among five firms to have advised as Copenhagen Airports agrees to sell a 49 per cent share in NIAL Group, the parent company of Newcastle International Airport, to a fund managed by Australia’s AMP Capital.
Transport for London (TfL) has cut its legal panel from 12 firms to 11 following a review, with Clifford Chance and Travers Smith among four firms to exit the roster.
US firm Davis Polk & Wardwell’s newly-launched UK law team has won an appointment for the French government on negotiations with aerospace groups BAE Systems and EADS over their €36bn (£29bn) merger, which was called off yesterday (10 October).
Virgin Rail Group’s lawyers at legacy firm Herbert Smith (now Herbert Smith Freehills) have dropped requests for a judicial review of the West Coast Main Line rail franchise bid after Transport Secretary Patrick McLoughlin today announced that the competition had been cancelled.
After months of policy paralysis, the Indian government, on 14 September 2012, announced major reforms permitting and/or increasing foreign direct investment in the areas of multibrand retail, civil aviation, broadcasting and power trading exchanges with a view to boost economic growth.
Allen & Overy (A&O) and Freshfields have taken the lead roles on a strategic partnership between the ports arm of Danish shipping group AP Moller-Maersk and logistics group N-Trans, which owns a controlling stake in Russia’s Global Ports Investments.
Clifford Chance and Freshfields Bruckhaus Deringer have won roles alongside a string of local firms on the potential tie-up of European defence giants EADS and BAE Systems.
Cleary Gottlieb Steen & Hamilton is advising Ryanair on talks with Virgin Atlantic about the sale of sought-after Heathrow slots.
Ashurst, Burges Salmon, Eversheds and Herbert Smith are among the firms to have advised in the bidding war for the contract to manage the West Coast rail franchise, with FirstGroup today (15 August) revealed as the winning candidate.
Ince & Co has expanded its Greater China footprint with the launch of a third office in Beijing.
Global airline Qantas has appointed Allens corporate partner Andrew Finch as general counsel succeeding the long-standing incumbent Brett Johnson who will retire in October.
Clifford Chance shipping finance head Simon Lew has left the firm to join Norton Rose after 16 years as a partner at the firm.
Weil Gotshal & Manges has leveraged its relationship with the bankrupt parent company of American Airlines to take the lead role advising on the carrier’s plans to pick a merger partner.
The Court of Appeal has clarified its position on piercing the corporate veil rejecting an appeal against brought by state-owned Russian bank VTB Capital against Nutritrek International.
British Airways’ (BA) first panel review since its merger with Spanish counterpart Iberia has been finalised, with Linklaters and Slaughter and May among the seven firms to land roles.
Barristers at Brick Court Chambers were pitted against each other as Transport for London (TfL) secured an injunction against taxi firm Addison Lee to stop its drivers using bus lanes.
Squire Sanders is to launch a shipping team in London following the hire of three partners.
British Airways (BA) is close to announcing the results of its UK-wide panel review, with sources close to the tender predicting a slimmer line-up.
A group of eight lawyers, four each from Taylor Wessing and Ince & Co’s Hamburg offices, have split off to establish a shipping law boutique in the German city.
German shipping boutique Ehlermann Rindfleisch Gadow (ERG) has launched in London with the hire of a partner from Watson Farley & Williams.
Steven Quayle and Mike Pinson explain the benefits the Isle of Man Aircraft Registry has for aircraft owners
Aircraft financing is taking off again. David Cooke and Jason Piney say Bermuda is well placed for a resurgence
Holman Fenwick Willan (HFW) has appointed Barlow Lyde & Gilbert (BLG) partner Simon Chumas to its shipping practice.
Holman Fenwick Willan has been gifted a foothold in South America following its acquisition of an eight-strong team of partners from Barlow Lyde & Gilbert (BLG).
Willkie Farr & Gallagher has picked up Clifford Chance’s global aerospace and defence head in a boost for its Frankfurt corporate team.
US firm Vedder Price has launched a London office, its first overseas outpost, with lawyers from Clyde & Co and Freshfields Bruckhaus Deringer.
Barlow Lyde & Gilbert’s (BLG) aggressive move in threatening legal action against its departing aviation team will send shockwaves through the insurance sector.
Barlow Lyde & Gilbert (BLG) is set to launch a breach of fiduciary duty action against its departing aviation team after it decided to defect to rival Holman Fenwick Willan (HFW)
DLA Piper has been appointed to advise joint venture partnership Peach Aviation on the creation of a low-cost airline to be based at Kansai International Airport in Japan.
Car manufacturer Daimler’s first-ever panel search has sparked discontent from within the company’s ranks. Law firms have been invited to pitch for places to undertake work across the UK, Continental Europe and US.
Aviation and commercial law firm Gates and Partners is set to launch in Dubai after hiring two lawyers from Clyde & Co.
Jeantet Associés and Linklaters have landed roles on a French deal creating a new European transport giant.
Norton Rose has advised the Chinese arrangers of three separate loans to three Greek shipping companies totalling $275m (£172m).
Brick Court Chambers’ Jonathan Sumption QC has won a major Court of Appeal (CoA) victory for the Competition Commission in a ruling that will force BAA to sell off two of its UK airports.
Weightmans has turned to Hill Dickinson to hire its lead marine and transit team partner Phil James.
Two partners from Thomas Cooper’s Paris office have split to launch a five-lawyer shipping boutique.
CMS Cameron McKenna, Freshfields Bruckhaus Deringer, Hogan Lovells and Norton Rose have won mandates advising on various aspects of the sale of the Tube Lines consortium to Transport for London (TfL).
The tie-up between British Airways (BA) and Iberia has been rubber stamped with Norton Rose and Slaughter and May landing the UK mandates.
Slaughter and May looks set to advise long-standing client British Airways (BA) on an anticipated £500m rights issue.
Quadrant Chambers has appointed its first chief executive to drive through the expansion of the set.
Rail infrastructure company Network Rail is set to review its panel of external law firms for the first time in three years.
?A trio of UK law firms has landed the leading roles advising on the restructuring of the investment vehicle for the multibillion pound King’s Cross Central regeneration scheme in Central London.
Reed Smith has bolstered its French arm with the hire of a three-lawyer shipping team from local Paris firm Bouloy Grellet & Godin.
A Denton Wilde Sapte aviation partner is leaving the law to work as a commercial pilot after 12 years at the City firm.
Boutique maritime law firm Thomas Cooper & Stibbard (TC&S) is set to launch a new office in the French capital after raiding Reed Smith’s Paris office.
Clyde & Co announced last week that partners Jonathan Wood and Derek Hodgson have both been named as chairs at the International Bar Association (IBA). Hodgson, joint head of maritime at Clydes, becomes the chairman of the IBA’s maritime and transport law committee, while Wood has become chairman of the IBA’s international committee. The latter examines legal issues fundamental to the development ...
Aviation specialist Beaumont and Son has sealed a takeover of Paris firm Cabinet Garnault.
Few firms have set up as easily as Winter Scott did in January 2004. All but one of its fee-earners – ship finance partner Jeff Morgan, who has just joined the firm from Stephenson Harwood – did not even have to move to new offices. They simply stayed at their old desks at ...
An aviation company suing the Royal Bank of Scotland (RBS) has been forced to instruct the bar direct after its law firm withdrew.
Barlow Lyde & Gilbert is opening an office in Singapore as part of its planned expansion in Asia.
Ince & Co has plucked a former Norton Rose partner in a bid to bolster its burgeoning ship finance team. David Baker will be responsible for the launch of a ship finance practice at Ince & Co’s Piraeus office, which currently focuses solely on maritime litigation. Baker set up an equivalent practice for Norton Rose, ...
Isle of Man firm Cains is preparing to establish a London office to enhance its ship and film financing businesses.
Ince & Co has plucked a former Norton Rose partner in a bid to bolster its burgeoning ship finance team.
Seven local authorities have decided against instructing QCs for their forthcoming fight over government plans for airport expansion in the South East.
Francisco Vicuna, who has just stepped down as president of the World Bank Administrative Tribunal, has joined 20 Essex Street’s growing team of arbitrators.
Bird & Bird has scooped the group legal director of BAE Systems’ finance and treasury team to lead and build its international aviation and aerospace team. Paul Briggs will manage the group together with Brussels-based partner Catherine Erkelens. The firm has aviation lawyers in Belgium, France, Germany and Hong Kong. Briggs has been given a brief to bring these practices together and add a UK group.
Bird & Bird has scooped the group legal director of Bae Systems’ finance & treasury team to lead and build its international aviation & aerospace team.
In a development that has caused consternation in the asset finance market, Clifford Chance and Freshfields Bruckhaus Deringer have been overlooked for the export credit agencies’ (ECAs) first ever joint aviation legal panel.
Howard Kennedy has won damages of $148.5m (£80.8m) on behalf of the Kuwait Airways Corporation (KAC) in its ongoing case against the Iraqi Airways Company (IAC).
Supply chain management is critical to business success in today’s fiercely competitive global market. Craig Neame explains why
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
Bryan Cave partner John Danforth is set to take on one of the world’s toughest jobs as the US ambassador to the UN, shortly after presiding over Ronald Reagan’s funeral.
Latham & Watkins’ London office has won its first work for private equity fund Indigo Partners LLC, thanks to a referral from the US firm’s Silicon Valley office.
Leigh Day & Co’s London and Manchester offices have parted ways after the North West four-partner group opted to set up as a separate entity.
The Kurdistan government has appointed Clyde & Co to act on all negotiations and contracts with foreign companies investing in the one relatively safe region of Iraq.
Hill Taylor Dickinson’s maritime insurance department has been hit with the loss of another key partner, Chris Zavos, who is joining Richards Butler.
Hill Taylor Dickinson’s maritime insurance department has been hit with the loss of another key partner, this time to Richards Butler.
Asb law is ramping up its aviation department, with the acquisition of a specialist aviation practice. Humphrey Dawson, formerly a sole practitioner, joins the firm as a consultant. His practice consists of litigation, mediation and arbitration and the purchase, sale and lease of aircraft, engines and parts. Clients of asb law’s aviation practice include First Choice, Unijet and Virgin Holidays.
Eversheds is leading negotiations between the EU and Pakistan over a major human rights dispute linked to one of the world’s largest existing insurance claims.
Leading shipping litigation specialist Angus Johnson, partner at Stephenson Harwood, has died at the age of 39. His death at the end of February followed a brief but brave fight against cancer.
Niche aviation firm Gates & Partners has won all of British Airways’ (BA) insurance litigation work after it fought off competition from Barlow Lyde & Gilbert and Beaumont and Son – the firm that Gates originally broke away from.
Forth Ports’ CEO on success, ethics, and what he wants from his lawyers. By Matt Byrne
The International Maritime Bureau is about to set up a global panel of law firms to help it fight shipping fraud. Brendan Malkin opens the hatch
Clyde & Co’s burgeoning aviation and aerospace group has been further consolidated with the imminent arrival of a team from CMS Cameron McKenna’s aviation group. Further lawyers are also joining from Clifford Chance and Shadbolt & Co.
Five key shipping litigators at City firm Holmes Hardingham have left to set up their own firm.
Eversheds is relocating partner Chris Jobson to Al-Jufairi, the firm’s associated law firm in Qatar.
Holman Fenwick & Willan has established an informal alliance with newly launched specialist aerospace and commercial practice Gates and Partners.
Low-value, high-volume work provides boost to London as Continental rates bite. By Brendan Malkin
With litigation work in decline, tough competition is forcing London firms to rethink their strategies.
Lawyers for three firms went to court last week to seek payment of £7m in costs from third-party funders in a landmark case.
Allen & Overy (A&O) has added a new client to its expanding airlines practice after beating competitors including Clifford Chance to an instruction from Oman Aviation Services Company.A&O's New York office has closed the airline's first deal with the Export-Import Bank of the United States (Ex-Im Bank), ...
Field Fisher Waterhouse has struck the first blow actng for Accenture subsidiary Navitaire in the case that will decide the future of EasyJet's internet booking system.Herbert Smith, advising EasyJet, applied to have the copyright case struck out, but High Court judge Mr Justice Pumfrey last week ruled that the case will go to full trial.Field Fisher Waterhouse partner Nick ...
Denton Wilde Sapte's former head of aviation Colin Thaine (left) has joined Airbus's financing arm Avion Capital after being on secondment at the company since the middle of last year. He has been appointed chief executive of the new financing arm. Denton Wilde Sapte is now one of the advisers to Avion Capital, after acting on its formation.
Even after the merger, P&O Princess Cruises and Carnival are still separate. Brendan Malkin finds out how P&O counsel Tony Kaufman keeps it all together
Wedlake Bell is hoping to get a share of airline industry work after hiring British Airways (BA) senior employment lawyer Jo Pawley.
Allen & Overy’s (A&O) London office has advised on its first deal for the Export-Import Bank of Korea (Eximbank).
Former Sinclair Roche & Temperley partner Michael Stockwood has joined Ince & Co's shipping team. He specialises in shipbuilding disputes and acts for shipowners, shipyards and banks, with a focus on Norway.
Eversheds' Singapore best friend Khattar Wong & Partners (KWP) has this week lost a partner and an associate, the latest in a string of defections over the past few months.
After being banished to the Sahara by the Spanish government, Rodrigo Uría is now bending its ear on law reforms. Naomi Rovnick reports
The chambers of 4 Pump Court has been hit by the loss of three tenants, including respected commercial specialist Lindsay Boswell QC, to shipping and commercial chambers 4 Essex Court, which has also hired the eminent Littleton Chambers silk Julian Malins QC.
Holman Fenwick & Willan has elected partners for its restructured management group. This follows the election of Greg Gray to the firm’s new position of managing partner. Hugh Livingstone now heads the shipping group, Noel Campbell the commercial practice group, former member of the House of Lords Robin Byron leads the trade and energy group, and Paul Wordley insurance, professional negligence and environmental litigation.
Stephen Walsh left BA to become a one-man legal engine room at Associated British Ports. Brendan Malkin reports
Norton Rose has been taken off London's largest ever arbitration, on behalf of Sembawang Shipyard, and has been replaced by six-partner niche shipping firm Curtis Davis Garrard.
Allen & Overy (A&O) has scooped the role of European counsel to Australia's national airline and flag carrier Qantas after beating Freshfields Bruckhaus Deringer in a pitch.
Stephen Dolan looks at how much power the recent ECJ ruling on 'open skies' will give to the European Commission
A raft of recommendations drawn up by a shipping partner at Shaw & Croft to limit damage caused by stricken ships has been placed before the UN
Julia Salt and Ben Conway give the lowdown on methods of commercial aviation funding
The Lawn Tennis Association now has a turnover of £45m and many big-name sponsors. Fiona Callister talks to head of legal Bruce Mellstrom about providing the best service
Thomas Cooper & Stibbard has opened an office in Vancouver to expand its shipping network.
Bond Pearce is forming an integrated transport unit following the hire of highly-rated shipping specialist Nick Horton from disbanded marine firm Grant & Horton.
DLA is continuing to strengthen its practice in Asia as it recruits an aviation partner in Hong Kong.
Richards Butler has hired shipping partner Charlie Weller from niche shipping firm Jackson Parton.
Despite the pay cut, Kenneth Gray is looking forward to leaving Norton Rose and escaping from the City to work with people living with HIV
Roger Parker becomes Richards Butler's managing partner in December. Fiona Callister discovers the three-point plan of the man who says that management is where the heart is.
Shoosmiths has lost its shipping practice to south coast firm Lester Aldridge after it poached two marine-specialist partners and an associate to open a new office in Southampton.
Clyde & Co is losing an aviation partner to Barlow Lyde & Gilbert, the department's second departure in less than a year.
Workspace Group sells the Ensign Court development, London EC1 to Structadene Group for £4.65m and reinvests proceeds in properties in the London and Thames Valley regions. Workspace advised by Norton Rose (Lindsay Morgan). Structadene advised by Nicholson Graham & Jones (Sheila Stewart). The sellers of the properties in London and Thames Valley, Arlo and Winwood Estates, advised by
The European Commission (EC) is under attack from lawyers over its handling of the proposed merger between British Airways (BA) and KLM.
Baker & McKenzie (B&M) is hiring the head of Rowe & Maw's aviation, transport and leisure group.
A former Watson Farley & Williams partner is taking on some of the largest shipping firms by setting up his own niche practice.
Shipping firm Holman Fenwick & Willan's new senior partner Robert Wilson may have a hard task filling the shoes of his predecessor, but as Ryan Dunleavy discovers, there is a strong personality behind the professional.
Abigail Townsend meets Lawrence Graham’s new shipping partner Charles Baker, a lawyer who loves to travel but hates the journey from his home to Heathrow.
Struan Robertson may seem the epitome of Englishness but Anne Mizzi discovers Sinclair Roche & Temperly's new senior partner has spent most of his legal career in the Far East.
The elections may have gone to a second round, but Tony Scales believes his job as senior partner of Stephenson Harwood is not one coveted by many. Anne Mizzi reports.