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News Archive

Sun, 5/12/2010
In this case Teare J ordered that an anti-suit injunction granted against the Defendant by Christopher Clarke J on 15 October 2010 should be continued. The Claimant had issued proceedings in London against the Defendant under two contracts of guarantee.  The Defendant, a Russian company, had itself applied to the Russian court for a declaration that the contracts of guarantee were not binding.  It was held by Teare J that the Defendant's conduct in doing so was vexatious and...
Fri, 19/11/2010
In the latest chapter in the administration of Lehman Brothers, Iain Milligan QC, Guy Morpuss QC and Socrates Papadopoulos acting for Lehman Brothers International (Europe) (LBIE) today received Briggs J's judgment in the proceedings known as "RASCALS". RASCALS is a dispute between the principal London based Lehman entity ("LBIE") and various Lehman affiliates worldwide, as to the ownership of securities which were subject to Lehman inter-company repurchase agreements...
Wed, 3/11/2010
Chambers has recently completed the installation of a 'state-of-the-art' video-conferencing facility as part of the refurbishment of its main conference suite. The new facility will be available for use by members of chambers and their clients, and any enquiries should be made to the clerking team in the first instance.
Wed, 3/11/2010
The Court of Appeal has held that victims resident in Great Britain who were injured by uninsured motorists in other EEA states are to have their compensation which is payable by the Motor Insurers Bureau assessed by reference to English law and not by the law of the place where the accident occurred.                                ...
Tue, 19/10/2010
This was an appeal from parts of the decision of Field J (reported at [2009] 2 Lloyd's Rep.269) relating to various preliminary issues concerned with the implied obligations of the FOB seller as regards the ability of a cargo of gasoil to remain of satisfactory quality and on specification for a reasonable time after delivery. On the appeal, the seller accepted that, subject to an exclusion clause, there would be an implied term (by virtue of s.14(2) of the SGA 1979 and at common law) that the...
Tue, 19/10/2010
High Court Decision of Hamblen J. Commercial Court 2010 EWHC 2565 (Comm). This case will be important for all shipping lawyers dealing with cargo claims. A bulk cargo was shipped under several bills of lading, each containing an arbitration clause. Cargo claimants sent notice of appointment of an arbitrator to shipowners and shipowners argued that one notice was insufficient to commence more than one arbitration. Had they been correct all the claims would have been time barred. Hamblen J. held...
Mon, 18/10/2010
On the 12 October 2010 Michael Ashcroft gave a presentation to the Royal Bank of Scotland in-house legal team entitled 'The ISDA Implications' in respect of the recent case Marine Trade S.A. v Pioneer Freight Futures Co. Ltd BVI (2010) 1 LLOYD'S REP. 631.
Thu, 14/10/2010
What happens if a FOB buyer presents a vessel for loading but there is a dispute about the cleanliness of the holds? The buyer says that the vessel is ready to load. The seller says that cleaning is required and the vessel is not ready. Is such a vessel "presented at the loading port in readiness to load" within the meaning of standard FOB contract forms? This was the question which confronted GAFTA arbitrators and, on appeal, David Steel J and the Court of Appeal. The answer given by the Court...
Thu, 14/10/2010
Section 72 of the Arbitration Act, 1996 permits a party alleged to be a party to arbitral proceedings but who "takes no part" in the arbitration to challenge the jurisdiction of the arbitrators by seeking declaratory or injunctive relief in court. In this appeal, the Court of Appeal held that section 72 meant what it said. The wording was clear. A party who takes any part in the arbitral proceedings whether by challenging the arbitrator's jurisdiction or in relation to the merits can no longer...