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Recent Cases

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... Read more »

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... Read more »

Tue, 19/10/2010

Michael Ashcroft, instructed by Thomas Cooper, acted alone for the successful insurance claimants in this US$8.3m Commercial Court case relating to the total loss of a floating dock and floating workshop during ocean towage. The insurers were represented by Stuart Isaacs QC and Taylor Wessing. The... Read more »

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... Read more »

Thu, 14/10/2010

On 12 October 2010, the Court of Appeal (Ward LJ, Richard LJ, Sir David Keene) handed down judgment in a case with important foreign policy implications and profound effect on the negotiations for a settlement of the Cyprus conflict. The appellants, a Turkish airline and a travel company, had... Read more »

Thu, 14/10/2010

What happens if an 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... Read more »

Thu, 14/10/2010

Arbitration Law clashes with human rights law   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... Read more »

Thu, 12/8/2010

It is often said that a defendant "is not liable for not doing that which he is not bound to do.” So if the defendant is not bound to confer a benefit on you, you cannot get damages for the value of that benefit even if he would in fact in all probability have conferred it upon you. But how... Read more »

Mon, 26/7/2010

The Court of Appeal has recently handed down its judgment on the Charterers' appeal against the decision of Andrew Smith J in this dispute. The case raises two novel points arising out of the early withdrawal of a time chartered vessel for the non payment of hire. At the time of the withdrawal the... Read more »