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Latest News

Thu, 22/2/2018
Renewable energy operator RES UK and Ireland Limited, represented in the High Court in Belfast by Gordon Nardell QC, has succeeded in judicial review proceedings about its proposed 7-turbine wind farm at Barr Cregg, near Derry City. Gordon was called temporarily to the Bar of Northern Ireland to appear for RES, which challenged the dismissal of its appeal to the Planning Appeals Commission against refusal of planning permission by Derry City and Strabane District Council. RES brought judicial...
Wed, 21/2/2018
The Court of Appeal handed down judgment on 19 February 2018 in a case raising important questions relating to the law of marine insurance, and in particular to claims for constructive total loss.  The first issue was as to the meaning and proper effect of the requirement in s.62(3) of the Marine Insurance Act 1906 that an assured must serve notice of abandonment with reasonable diligence after receipt of reliable information of the loss. In upholding the Judgment of Knowles J, the Court...
Tue, 20/2/2018
Andrew Dinsmore appeared for the successful Claimants in this case, which was the first English authority to apply the common law rule barring set-off against freight (the ‘Freight Rule’) to aviation. The Freight Rule was developed in the shipping context before being applied to international road haulage, domestic road haulage and then to freight forwarders. This case followed two Hong Kong authorities which had previously applied the Freight Rule to aviation: Emery Air...
Mon, 19/2/2018
Andrew Dinsmore has co-authored an article with Elizabeth Blackburn QC, titled “Joint insurance issues in The Ocean Victory: the roads not taken” in the Lloyd’s Maritime and Commercial Quarterly 2018, the citation for which is (2018) L.M.L.C.Q. 50. The article considers the difficult issue of whether an insurer should be able to bring a subrogated action against third parties where the policy is one of joint insurance.  It is well-established that a co-insured cannot...
Thu, 15/2/2018
Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights In this update, Monica Feria-Tinta and Simon Milnes examine the just-released Advisory Opinion of the Inter-American Court on Environment and Human Rights. The decision addresses State obligations (environmental and human rights) in a transboundary context, construction and operation of mega-projects, activities such as oil and gas exploration and exploitation, maritime transportation of...
Wed, 14/2/2018
8th February 2018 Commercial Dispute Resolution Magazine published a series of comments from expert EU lawyers regarding the announcement from France's ministry of justice that Paris will extend its legal jurisdition to take on international cases that will consider common law issues with English-speaking hearings and bilingual judgments.  Gordon Nardell QC is Vice-Chair of the Bar Council’s Brexit Working Group. He is also a fluent French-speaker who frequently works alongside...
Wed, 14/2/2018
Duncan Matthews QC and Christopher Hancock QC are delighted to announce that Paolo Busco has joined 20 Essex Street as a Registered European Lawyer and a resident member of Chambers. Paolo is a lawyer admitted to practice in Italy and registered as a European lawyer with the Bar of England and Wales. He specialises in public international law, arbitration and general dispute settlement. Paolo brings to his practice experience in both complex international negotiations and in assisting...
Mon, 12/2/2018
Monica Feria-Tinta has joined the Legal Experts Advisory Panel to Fair Trial International, a specialist organisation funded by the European Union, which works to improve respect for fair trial rights, based on internationally-recognised human rights standards.   The Legal Experts Advisory Panel offers an expert view on a broad range of issues concerning human rights and justice systems in the European Union including; legislation and practices of judicial remedies in the EU for violations...
Fri, 9/2/2018
At the 2018 CDR Winter Competition Litigation Symposium on 22nd February Sara Masters QC will join Hugh Mercer (barrister, Essex Court Chambers) and Liz Walker (group general counsel, BT) on the 'Brexit and the Future of Competition Litigation' panel. The session will summarise the most recent developments regarding Brexit, and what the implications might mean for competition lawyers and commercial litigators alike, including on future competition law...
Thu, 8/2/2018
Michael Ashcroft QC acted for the successful defendant in this arbitration claim under s67 of the Arbitration Act 1996, involving a challenge to an award on jurisdiction issued by an arbitrator. The decision of Knowles J provides useful guidance on the important question of when, and in what circumstances, an arbitrator has jurisdiction to deal with disputes that arise subsequent to the commencement of the arbitration reference. The judgment can be found in the attachment below.