Admiralty Court revisits seaworthiness in General Average case
The Admiralty Court considers crew competence, passage planning and causation after the HAPPY ARAS grounding.
Articles
General information articles on English commercial law, contracts, shipping and trade, arbitration and related practice topics. They are not legal advice and should be read with the article disclaimer.
Showing 24 articles.
Liability for the escape of dangerous things - an old tort revisited
The Privy Council in Rubis Bahamas Ltd v Russell confirms the rule in Rylands v Fletcher and compares it with nuisance and negligence.
Termination of commercial contracts – notice period
Privy Council guidance about reasonable notice for terminating commercial contracts.
Court considers calculation of limitation under the Hague-Visby Rules
In a recent judgment (The THORCO LINEAGE) the English High Court has considered how limitation should be calculated in respect of cargo claims under the Hague V
Good faith revisited – An end to the avalanche
There has, observed the Court of Appeal the recent case of Candey v Bosheh, been something of an avalanche of claimants in recent years trying to show that the
Legal remedies when hostilities prevent contractual performance
" Owing to the outbreak of hostilities it is now quite evident that the delivery of the machines on order ... cannot take place. Under the circumstances we shal
UK Supreme Court considers seaworthiness under the Hague Rules - the CGM LIBRA
In its judgment in Alize 1954 v Allianz Elementar Versicherungs A G (the CGM LIBRA) the UK Supreme Court has considered the obligation of a carrier under the Ha
DEMURRAGE AS LIQUIDATED DAMAGES
Can a shipowner claim damages in addition to demurrage for losses arising out of a voyage charterer's failure to load or discharge the vessel within the agreed
ALEXANDRA 1 / EVER SMART - UK Supreme Court considers the collision regulations
It is rare for cases involving the International Regulations for Preventing Collisions at Sea 1972 as amended (“the Collision Regulations”) to come before the U
UK Supreme Court considers an arbitrator's duty to disclose multiple appointments.
Halliburton Company v Chubb Bermuda Insurance Ltd In a recent judgment the UK Supreme Court has provided useful guidance on the law relating to allegations of a
The law applicable to arbitration agreements
The law applicable to arbitration agreements - the UK Supreme Court delivers important decision - Enka Insaat Ve Sanayi AS (Respondent) v OOO Insurance Company
FURTHER CONSIDERATION BY THE ENGLISH COURTS OF GOOD FAITH IN COMMERCIAL CONTRACTS
The subject of good faith in commercial contracts under English law has been considered by the courts in a number of judgments in recent years. (see our previou
UK Supreme court issues landmark judgment in cargo claim - Volcafe v. CSAV
The United Kingdom Supreme Court has issued a landmark decision that provides authoritative comment on the burden of proof in marine cargo claims. This decision
The meaning of "Goods" under the Commercial Agents Regulations
The Court of Appeal has held that for the purposes of the Commercial Agents Regulations the term "Goods" does not include digital content supplied electronicall
General Data Protection Regulation - Does it apply to you?
On May 25, 2018 the existing European Union Data Protection Directive (95/46/EC) will be replaced by the General Data Protection Regulation ("GDPR"). The new GD
English Court of Appeal considers the NYPE Interclub Agreement
The English Court of Appeal has recently considered whether the word “act” in the phrase “act or neglect” means a culpable act in the sense of fault or whether
NEW FLAMENCO 2
United Kingdom Supreme Court considers whether credit should be given for a benefit arising when assessing damages for breach of contract .
English courts hold that Hague Rules package limitation does not apply to bulk cargoes
An ocean carrier's liability for loss or damage to cargo is subject to limitation under the Hague Rules or Hague Visby Rules. The Hague Rules no longer have the
Retention of title - The UK Supreme Court gives judgment in PST Energy. v O.W. Bunker
We earlier commented on the issues concerned with retention of title clauses in the context of the sale of items expected to be consumed before the passing of t
Consumer Rights Act 2015
The Consumer Rights Act 2015 is a new law in the United Kingdom covering dealings between traders and consumers. The Act only applies to consumer sales (B2C) an
Retention of title - Appeal of PST Energy. v O.W. Bunker
We earlier commented on the issues concerned with retention of title clauses in the context of the sale of items expected to be consumed before the passing of t
The Court of Appeal confirms that interference with privacy is a tort that is separate from breach of confidence
We previously commented on the case of Vidal Hall v Google Inc. In that case the three Claimants were users of Apple Safari internet browsers. They alleged that
SOLAS VI Regulation 2 amended to require shippers to provide verified gross mass of packed containers prior to loading
The SOLAS VI regulations have been amended to require shippers to provide to the carrier or their terminal representative the "Verified Gross Mass" of any packe
The courts will not interpret a contract to rescue a party from a bad bargain
The Supreme Court has made it clear in its decision in Arnold v Britten that where the natural meaning of contract wording is clear it should not seek alternati
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