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Rule B attachments - can they be kept confidential?
- Reed Smith LLP
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- USA
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- December 31 2008
Given that obtaining a Rule B Attachment Order is a fast and reasonably cost-effective tactic to obtain security for a maritime claim, it is perhaps surprising that its very existence has to be immediately publicised on the New York Court's website
Limitation of liability
- Reed Smith LLP
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- United Kingdom
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- 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
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- United Kingdom
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- 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
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- United Kingdom
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- 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
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- United Kingdom
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- 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
Anti-suit injuctions Brussels Regulation
- Reed Smith LLP
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- 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
Place of delivery
- Reed Smith LLP
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- 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
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- United Kingdom
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- 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
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- United Kingdom
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- 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
Marine insurance proximate cause
- Reed Smith LLP
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- United Kingdom
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- April 30 2009
In (1) Global Process Systems Inc (2) Global Process Systems (Asia Pacific) Sdn Bhd v Syarikat Takaful Malaysia Berhad Lawtel 9.4.09 the Claimant insureds claimed against the Defendant insurer in respect of the loss of three legs of a jack-up rig which was being towed on a barge from Texas to Malaysia
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