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Recent Cases

Mon, 19/10/2009

In two judgments delivered together on 19th November, the Commercial Court has made significant findings against the Senegalese subsidiary of the Axa group. The decisions strengthen the hand of shipowners seeking to counter what they regarded as an abusive practice in some West African ports of... Read more »

Mon, 19/10/2009

  The Court of Appeal gave judgment in this matter on 12th November 2008.  The Appellant (Limit) appealed against the order of Jonathan Hirst QC sitting as a deputy Judge. The deputy judge had ruled that Axa were entitled to avoid two treaties of reinsurance on the grounds of... Read more »

Thu, 2/7/2009

Court of First Instance, pending (on appeal from Commission decision Morgan Stanley/Visa October 2007) (Article 81 – exclusion of competitor from card payment system – fines imposed in respect of notified agreement) Read more »

Thu, 2/7/2009

QB Admin Ct Collins J [2007] EWHC 1205 (Admin) [2007] All ER (D) 444 (May) (Postal services - Breach of licence condition – appeal against imposition of penalty). Read more »

Thu, 2/7/2009

House of Lords [2007] 1 AC 333 (Beer tie agreement – damages for breach of Article 81 – extent of binding effect of EC Commission findings upon national court). Read more »

Thu, 25/6/2009

Aikens J decided a number of important issues relating to the determination of the applicable law of a tort claim under the Private International Law (Miscellaneous Provisions) Act 1995 in the context of a letter of credit dispute between Trafigura and a Korean Bank.  Stephen Males QC... Read more »

Thu, 25/6/2009

In the first substantive case to reach the appellate courts on the Competition Act 1998, the Court of Appeal upheld the findings of the CAT that JJB had made price fixing agreements with Umbro, Manchester United and other retailers in relation to the England and Manchester United replica football... Read more »

Wed, 10/6/2009

In a unanimous ruling by a nine judge panel the House of Lords today held that the Control Order system as operated to date breached the fundamental right to a fair hearing under Article 6 of the European Convention on Human Rights. Control Orders are made under the Prevention of Terrorism Act 2005... Read more »

Tue, 10/2/2009

Case C-185/07 Allianz SpA and Generali Assicurazioni Generali SpA v West Tankers Inc, The Front Comor, Judgment of the ECJ, 10 February 2009.  In a judgment that has been much anticipated by the London arbitration community, the ECJ has ruled that it is incompatible with the Brussels... Read more »

Fri, 21/11/2008

In McCall v Poulton, the Court of Appeal have upheld a decision by a County Court to refer questions to the European Court of Justice which would enable the English courts to determine definitively the extent of the obligation of the Motor Insurers Bureau to compensate the victims of uninsured... Read more »