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The problem of piracy reaches the English High Court
- Edwards Wildman Palmer LLP
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- United Kingdom
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- July 2 2010
The case of Cosco Bulk Carrier Co. Ltd v Team-Up Owning Co. Ltd 2010 EWHC 1340 (Comm) was an appeal to the High Court of a decision by an arbitration panel
Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988
- Edwards Wildman Palmer LLP
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- United Kingdom
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- May 26 2010
The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer's right of recovery
Interpretation of actual and constructive total loss under the Marine Insurance Act 1906
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 25 2010
Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906
Court of Appeal clarifies the scope of the West Tankers decision
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 22 2009
In National Navigation Co v Endesa Generacion SA 2009 EWCA Civ 1397 the Court of Appeal overturned the first instance judgment of Mrs Justice Gloster and held that the English court was bound by an earlier decision of the Spanish court to the effect that no arbitration clause was incorporated into the relevant contract
High Court rules insured's sale of a wrecked vessel was a transaction at an undervalue under s423 Insolvency Act 1986
- Edwards Wildman Palmer LLP
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- United Kingdom
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- July 28 2009
In Dornoch Ltd & Ors v Westminster International & Ors 2009 EWHC 1782 (Admiralty) Mr Justice Tomlinson held that the sale by Westminster International (Westminster) of the wreck of a vessel, the Fariway for the sum of 1000 Euros to a related company was a transaction at an undervalue under s423 of the Insolvency Act 1986 (which, in basic terms, provides that certain disposals made to connected persons for a value less than a fair value may be set aside by the court
