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We previously commented on a decision of the Commercial Court1 regarding the question of what benefits need to be given credit when assessing damages for breach of contract (See“Measure of loss and the mitigation of damage. New guidance from the courts on when damages for breach of contract should be reduced to give credit for…

Read More United Kingdom Supreme Court considers whether credit should be given for a benefit arising when assessing damages for breach of contract

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 The Hague Rules no longer have the force of law in the United Kingdom (having been replaced by the Hague Visby Rules) but remain widely used and may be incorporated as a term…

Read More English courts hold that Hague Rules package limitation does not apply to bulk cargoes

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 title (see “Retention of title – Dangers as well as benefits where goods are intended for consumption or onward sale by the buyer.” and “Retention of title…

Read More Retention of title – The UK Supreme Court gives judgment in PST Energy. v O.W. Bunker

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) and does not apply to commercial sales (B2B). It applies to all consumer contracts whether or not individually negotiated. Background The Act consolidates the law applicable to consumer…

Read More Consumer Rights Act 2015

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 the Defendant, Google Inc., misused their private information by tracking and collating information relating to their internet usage on the Apple Safari internet browser without their consent…

Read More The Court of Appeal confirms that interference with privacy is a tort that is separate from breach of confidence

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 packed container prior to shipment regardless of who actually packs the container.. This amendment will come into effect on 1 July 2016. A detailed summary of the requirements may be…

Read More SOLAS VI Regulation 2 amended to require shippers to provide verified gross mass of packed containers prior to loading

The Supreme Court has made it clear in its decision in Arnold v Britten1 that where the natural meaning of contract wording is clear it should not seek alternative interpretations that might appear more in accord with commercial common sense or might rescue a party from a bad bargain. Background It is well understood that the…

Read More The courts will not interpret a contract to rescue a party from a bad bargain

The UK Supreme Court has recently given judgment1 considering the jurisdiction provisions in the Convention on the Contract for the International Carriage of Goods by Road ( CMR Convention). The CMR Convention CMR is an international convention covering the carriage of goods by road. Some fifty five nations in Europe and Asia have acceded or otherwise…

Read More “Cigarettes attract smokers, smugglers and thieves.” The UK Supreme Court considers the effect of the jurisdiction provisions in the CMR Convention

In their recent judgment in Cavendish Square Holding BV v Talal El Makdessi1 the UK Supreme Court has revisited the rule against penalties. What is understood by the rule against penalties? The courts have long held that contract clauses intended to penalise a party in breach are penalties and are unenforceable2. The purpose of the law…

Read More Penalty clauses considered by the UK Supreme Court – Cavendish Square Holding BV v Talal El Makdessi