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Recent Cases

Tue, 21/10/2014

In a judgment handed down on 21 October 2014, the Court of Appeal unanimously upheld the decision at first instance of Males J that an English law and jurisdiction clause in a voyage charter had been incorporated into the bill of lading on the Congenbill form by the words "All terms and... Read more »

Thu, 16/10/2014

The Commercial Court has held that the International Oil Pollution Fund (an international organisation with its headquarters in London) is immune from suit on a claim by Gard (a P&I Club). Gard’s claim arose out of oil pollution damage claims resulting from the grounding, in 1997, of the... Read more »

Thu, 9/10/2014

Summary: The English court had jurisdiction to consider a claim that defendants had conspired to deprive a claimant's late father, and the claimant as his heir, of certain assets; but a claim that he had owned certain shares at his death to which the claimant was entitled had no real... Read more »

Tue, 5/8/2014

The problem of parallel proceedings before English and Swiss courts has come before the Chancery Division as part of the ongoing resolution of disputes arising from the failure of Lehman Bros. The liquidator of Lehman Bros Finance AG is disputing a claim by two German companies for over €411... Read more »

Tue, 29/7/2014

This was an application under s. 32 of the Arbitration Act 1996 which permits a court to determine a question as to the substantive jurisdiction of a tribunal if either the parties agree or the tribunal consents.  This can be an effective mechanism for avoiding lengthy arbitral hearings on... Read more »

Fri, 18/7/2014

Mr Justice Eder has handed down judgment in Soufflet Negoce v Fedcominvest concerning the ‘Notices clause’ in GAFTA Contract No.64. The same ‘notices clause’ appears in numerous GAFTA standard forms and the judgment is therefore of wider interest. The essential question... Read more »

Thu, 26/6/2014

The Federal-Mogul Asbestos Personal Injury Trust was represented by Iain Milligan QC in a bold attempt to obtain declaratory relief from Eder J in respect of the obligations of the reinsurers of claims for asbestos personal injuries against T&N Plc in the US which were covered by an asbestos... Read more »

Mon, 23/6/2014

Subject: Civil procedure Other related subjects: Banking and finance; Conflict of laws Keywords: Directors; Forum non conveniens; Issue estoppel; Jurisdiction; Non-party costs; Res judicata; Service out of jurisdiction; Shareholders Summary: A bank was awarded a non-party costs order against the... Read more »

Tue, 10/6/2014

Subject: Shipping Keywords: Approvals; Cargo; Oil tankers; Transfer Members of Chambers: Christopher Hancock QC and Sarah Tresman acted for the Appellant (instructed by Ince & Co) Read more »