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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
