Search results

Order by most recent / most popular / relevance

Results: 1-10 of 35

Court of Appeal clarifies the scope of the West Tankers decision

Edwards Wildman Palmer LLP
-
United Kingdom
-
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

English High Court judge blasts the spectacular failure to protect client monies by Lehman Brothers International (Europe) (LBIE), its auditors and regulators

Edwards Wildman Palmer LLP
-
United Kingdom
-
December 17 2009

In a judgment issued on 15 December in the English High Court (Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Limited & Ors 2009 EWHC 3228), and based on assumed facts presented to him, Mr Justice Briggs described the failure by LBIE to protect client monies from the impact of insolvency as "truly spectacular" and involving "shocking underperformance"

High Court rules on avoidance and breach of warranty issues

Edwards Wildman Palmer LLP
-
United Kingdom
-
December 17 2009

The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends

LMX spiral claims - settlement reached

Edwards Wildman Palmer LLP
-
United Kingdom
-
December 16 2009

We have previously reported here on the English Commercial Court decision in Equitas v R&Q Reinsurance (Brandywine), handed down on 11 November 2009

Brokers' duties

Edwards Wildman Palmer LLP
-
United Kingdom
-
December 9 2009

In Dunlop Haywards (DHL) Ltd and Others v Barbon Insurance Group Ltd and Others 2009 EWHC 2900 (Comm), the claimant companies brought an action against the defendant insurance broker, in contract and in tort, for failing to exercise reasonable skill and care in obtaining the required excess insurance cover

Court of Appeal holds that a cause of action may arise upon inception of an insurance policy

Edwards Wildman Palmer LLP
-
United Kingdom
-
November 19 2009

A cause of action in tort may accrue at the time an insurance policy was issued, and not when a claim could eventually be made under that policy, if a negligent failure led to the policy being issued

Court of Appeal decides both English and French law are relevant in dispute between English claimants and French insurers

Edwards Wildman Palmer LLP
-
United Kingdom
-
November 19 2009

We have previously reported on the first instance decision of Maher v Groupama Est 2009 EWHC 38 (QB) in which the English Court considered two preliminary issues in proceedings brought by English claimants in London, against the French insurer, Groupama, for damages they incurred in an accident in France, in which the French insured was killed

English High Court refuses to enforce a Canadian arbitration award which failed to give effect to mandatory EU regulations

Edwards Wildman Palmer LLP
-
Canada, United Kingdom
-
November 19 2009

In Accentuate Limited v Asigra Inc (A company incorporated under the laws of Canada) 2009 EWHC 265, the English Court was asked to overturn the earlier decision of a District Judge which set aside an order giving the English claimant, Accentuate, leave to serve the Canadian defendant, Asigra, outside the jurisdiction and which granted a stay of proceedings

LMX spiral claims - landmark decision

Edwards Wildman Palmer LLP
-
United Kingdom
-
November 12 2009

The much anticipated judgment in Equitas v R&Q Reinsurance (Brandywine) was handed down yesterday in the English Commercial Court

Judicial Review granted as HM Treasury found to have acted with injustice and maladministration

Edwards Wildman Palmer LLP
-
United Kingdom
-
November 12 2009

In Equitable Members Action Group v Her Majesty's Treasury 2009 EWHC 2495 (Admin), the claimant action group, comprising of current and former policyholders of the Equitable Life Assurance Society (the Society), applied for a Judicial Review of HM Treasury's rejection of certain findings by the Parliamentary Commissioner for Administration (the Ombudsman

next >