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Results: 1-10 of 27

Enforcement of CCA regulated agreements in Scotland

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

A recent change to the Sheriff Court rules in Scotland requires the inclusion of a copy of the regulated agreement to be attached to the writ

Two different views of how changes in the contractual relationship may affect the related security

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

Two cases show how in certain circumstances the security given by a person or a third party may cover changes in a contract

Rainy Sky SA v Kookmin Bank

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • February 15 2010

Rainy Sky (the Buyer) contracted to buy a vessel from a shipbuilding company (the Builder) and agreed to pay for the vessel in instalments before delivery

Dolphin Tankers v China Shipbuilding Trading Co

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • February 15 2010

Dolphin Tankers, (the Buyer) applied to court to oblige China Shipbuilding Trading Co (the Builder) to allow it to carry out testing of welds on a ship under construction

Spanish Supreme Court clarifies rules on “both-to-blame” collisions

  • Morton Fraser
  • -
  • Spain
  • -
  • July 30 2010

The Spanish Supreme Court (the "Court") has clarified the concepts of "ship" and "collision" in terms of collision liability

What constitutes a contract?

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • February 16 2011

Rooney Air Limited (Rooney) own a Cessna Citation aircraft managed and operated by EBJ Operations Limited

Court considers common sense rule in interpretation of contracts involving refund guarantees

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • November 30 2011

In the case of Rainy Sky SA v Kookmin Bank, the UK Supreme Court considered the correct interpretation of refund guarantees which were issued by Kookmin Bank to the Purchaser in respect of advance payments made by the latter under a shipbuilding contract

Lloyds of London v Syria: Insurer recovers monies paid out under US Foreign Sovereign Immunities Act

  • Morton Fraser
  • -
  • USA
  • -
  • November 30 2011

This US case arises from the fallout of the hijacking in 1985 of an Air Egypt flight from Athens to Cairo

Gesner Investments Ltd v Bombardier Inc: termination of aircraft purchase agreement

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • November 30 2011

In its judgment of 11 October 2011, the English Court of Appeal analysed the terms of an aircraft purchase agreement entered into by Gesner and the aircraft manufacturer Bombardier

Is a P & I Association able to change its mind over what is covered by a policy?

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • February 28 2012

The recent case of Micoperi SRL v. Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) addressed a situation where a P & I Association first accepted that a claimant was covered but consequently tried to claim otherwise