Transport (Including aviation and shipping)
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.
Following the success of the Isle of Man Aircraft Register, the Channel Islands have decided to establish aircraft registers in Guernsey and Jersey.
The aviation industry is once again proving to be a bourgeoning sector of the global economy following the effects of the 2008 financial crisis.
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.
Debevoise has advised Freight One on the purchase of 100 per cent of the shares in ZAO StalTrans from Severstal.
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
Debevoise & Plimpton has announced that Brandon C Gruner and Le V Lam have been named counsel to the firm effective 1 October 2013.
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.
Ship registration in the Isle of Man download
The Isle of Man Ship Registry was established as an international register in 1984 and since then the size of the register has attracted a gross registered tonnage in excess of 15,000,000 consisting of around 400 merchant ships and 100 of the world’s commercial yachts.
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.
Appleby has advised the Carlyle Group on its investment into Addison Lee.
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.
Appleby has announced the promotion of three lawyers to the partnership and the appointment of five lawyers to the position of counsel.
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.
Krogerus has advised AVIC International Investments on the Finnish law aspects of its acquisition of naval architecture and engineering company Deltamarin.
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.
Barlow Lyde & Gilbert (BLG) is losing its entire eight-strong aviation team to rival insurance firm Holman Fenwick & Willan (HFW).
Jeantet Associés and Linklaters have landed roles on a French deal creating a new European transport giant.
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.