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 Hague Rules to exercise due diligence to make a vessel seaworthy. The seaworthiness obligation is fundamental to all contract of carriage. This case concerned a contract that…Read More UK Supreme Court considers seaworthiness under the Hague Rules – the CGM LIBRA
In the recent judgment of K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “ETERNAL BLISS”) the UK Court of Appeal has held that demurrage is an exclusive remedy that covers all consequences of a charterer’s failure to load or discharge within the agreed laytime and there is no right to recover further…Read More 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 laytime?
It is rare for cases involving the International Regulations for Preventing Collisions at Sea 1972 as amended (“the Collision Regulations”) to come before the UK Supreme Court. The last case to be considered by the House of Lords (the predecessor of the UK Supreme Court) was in 1976. Now the Supreme Court has considered the…Read More ALEXANDRA 1 / EVER SMART – UK Supreme Court considers the collision regulations
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 arbitral bias and the duty of an arbitrator to disclose multiple appointments. The issues The issues raised were: (i) whether and to what extent an arbitrator may accept appointments…Read More UK Supreme Court considers an arbitrator’s duty to disclose multiple appointments.
– Enka Insaat Ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) The UK Supreme Court has delivered an important decision on the correct approach for determining the proper law of an arbitration agreement when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration chosen…Read More The law applicable to arbitration agreements – the UK Supreme Court delivers important decision
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 previous articles Good faith and the exercise of discretion in contracts and Good faith in commercial contracts revisited). Further judicial consideration of this subject has now been given…Read More Further Consideration By The English Courts Of Good Faith In Commercial Contracts
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 is likely to assist cargo interests in pursuing future claims. The Facts The claimants were the owners of nine consignments of bagged green coffee beans shipped from Colombia to Bremen…Read More UK Supreme court issues landmark judgment in cargo claim – Volcafe v. CSAV
The Court of Appeal has held that for the purposes of the Commercial Agents Regulations the term “Goods” does not include digital content supplied electronically. The Commercial Agents Regulations (Council Directive) 1993 The Commercial Agents Regulations (“the Regulations”) give effect to European Union Council Directive 86/653/EEC regarding the rights of self employed commercial agents. The…Read More The meaning of “Goods” under the Commercial Agents Regulations
The General Data Protection Regulation (the “GDPR”) comes into effect on 25 May 2018. As mentioned previously (General Data Protection Regulation – Does it apply to you?) the GDPR has wide application including application to establishments outside the European Union that process personal data in connection with offering goods or services within the EU. In…Read More General Data Protection Regulation – Lawful processing of personal data
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 GDPR will apply not only to businesses established within the European Union but also to businesses outside the EU that process the personal data of persons within the EU. The latter…Read More General Data Protection Regulation – Does it apply to you?