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Results: 1-10 of 444

Limitation of liability

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 31 2008

In Metvale Ltd and another v Monsanto International Sarl and others Lawtel 16.12.08 the Chancery court was required to determine as preliminary issues (1) whether slot charterers were shipowners for the purposes of the Limitation Convention 1976 art.1 and were entitled to limit their liability under the Convention and under the Merchant Shipping Act 1995, and (2) whether the limitation fund constituted in the instant action was deemed to be constituted by the slot charterers under and for the purpose of the Convention and under the Act

Strike outelectronic disclosure

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 31 2008

In (1) Albert John Martin Abela (2) Albert Jm Abela Srl (3) Albert Jm Abela Catering & Interactive Systems Ltd v (1) Hammonds Suddards (A Firm) (2) Hammonds Suddards Edge (A Firm) (3) Hammonds (A Firm) (4) Kathleen Jean Stuart Haan (5) Christopher Francis Haan Lawtel 9.12.08 the Applicant individual and associated companies applied to strike out allegations made in the amended defence of the Respondents and applied for further information and disclosure

Marine insurance contract formation

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 31 2008

In Allianz Insurance Co - Egypt v Aigaion Insurance Co SA Lawtel 19.12.08 the Appellant marine reinsurance company appealed against a decision that it was liable to the Respondent reinsured for its share of the loss suffered following a casualty in a fleet of insured tugs

Salvage

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • February 6 2007

In Owners andor Demise Charterers of the tug ‘Sea Tractor’, her Master, Officers and Crew v Owners of the Ship ‘Tramp’ Butterworths Law Direct 19.1.07 the Admiralty court heard a claim for salvage, the issue being whether the salved vessel was in sufficient danger to found a claim for salvage

Buses duty of care to pedestrians

  • Kennedys
  • -
  • United Kingdom
  • -
  • February 22 2008

Defendant bus driver, following another bus out of bus station, negotiated a right-angle left-hand turn when Claimant was squashed between the rear end of bus and a bollard on the side of the carriageway

Anti-suit injuctions Brussels Regulation

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • April 30 2009

In National Navigation Co v Endesa Generacion SA (The "Wadi Sudr") (2009) 767 LMLN 1 the dispute arose under a bill of lading in the CONGENBILL form

UK Court of Appeals dismisses reinsurer’s appeal of decision finding creation of reinsurance contract prior to casualty

  • Jorden Burt LLP
  • -
  • United Kingdom
  • -
  • January 27 2009

We previously posted on November 12, 2008 about a British court's decision holding that a reinsurance contract was created prior to a putatively covered ocean-going casualty, based on certain written exchanges between the parties reflecting their negotiations

Place of delivery

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • February 29 2008

In Scottish & Newcastle International Limited v. Othon Ghalanos Limited 2008 UK HL 11 (previously referred to in the January 2007 Bulletin) the House of Lords upheld the decision of the Court of Appeal that the English Court had jurisdiction to entertain the action

Anti-suit injunctions

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • February 29 2008

In Verity Shipping SA and others v NV Norexa and others Butterworths Law Direct 13.2.08 the Claimants were the owners and managers of the vessel SKIER STAR

Shipyard Safe berth Occupiers' Liability Act

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • April 30 2009

In Christopher Martin Lee George v Coastal Marine 2004 Ltd (TA Mashfords) Lawtel 22.4.09 the Admiralty Court held that, in the circumstances, a berth at a shipyard was a reasonably safe berth provided that an adequate warning was given about the risk of grounding hollow because of a change in gradient of the seabed at the landward end, and a warning to move a vessel astern to avoid grounding hollow had been given but disregarded in the instant case

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