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Results: 1-10 of 14

COGSA trumps Carmack recent Supreme Court decision highlights tension between the US and Rotterdam rules

  • Squire Patton Boggs
  • -
  • USA
  • -
  • June 28 2010

On June 21, 2010 the United States Supreme Court ruled that the Carmack Amendment does not apply to a cargo shipment originating overseas under a through bill of lading where the bill of lading complies with the Carriage of Goods by Sea Act (COGSA) and includes a Himalaya Clause extending certain defenses and limitation of liability to subcontractors

Dalmare Spa V Union Maritime Ltd 2013 1 LLR 509

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • May 22 2013

Recently the High Court in England and Wales took the opportunity to rule that the condition of a second hand vessel, sold pursuant to the terms of

Enron Coal Services Limited (in liquidation) v English, Welsh and Scottish Railway Limited

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • March 16 2009

A claim brought by Enron Coal Services Limited (ECSL) has been allowed to continue despite English, Welsh and Scottish Railway Limited (EWS) petitioning the Competition Appeal Tribunal (CAT) to strike out their claim on the grounds of rule 40 of the Tribunal Rules

Freight cargo customers seek remedies from the UK High Court

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • October 30 2008

A US-based law firm has initiated a representative action before the UK High Court against British Airways on behalf of indirect and direct purchasers of air cargo services that suffered losses as a result of the airline’s role in a price-fixing cartel

Cutting a submarine cable can cost you, your vessel and your insurance protection

  • Squire Patton Boggs
  • -
  • Canada
  • -
  • January 27 2012

The decision of the Canadian court in Société Telus Communications v. Peracomo Inc. breaks new ground in cases involving faults to submarine cables and in the general international maritime law

CAT upholds Stagecoach challenge to CC prohibition of Preston Bus acquisition

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • May 31 2010

Stagegroup lodged an application to the CAT under section 120 EA02 for a judicial review of the CC decision that Stagecoach's acquisition of Preston Bus Limited may be expected to result in a substantial lessening of competition ("SLC") in the market for the supply of commercial bus services in the Preston area

Court of Appeal reaffirms rule that without prejudice material may not be used as an aid to interpretation

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • March 30 2010

In the case of Oceanbulk Shipping & Trading SA v TMT Asia Limited, the Court of Appeal has overturned the High Court's ruling and reaffirmed the rule that without prejudice material may not be put before a court to assist in the interpretation of a settlement agreement

Andalusia High Court of Justice sentence, 20 October 2009

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • January 29 2010

This sentence settles the appeal made by the entity NUEVOS ESPACIOS COMERCIALES, S.A., against the Order dated 20 September 2007 of the Tourism, Commerce and Sports Board

Liability of the transport consignee

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • March 12 2008

In this judgement, the full session of the First Chamber of the Spanish High Court analysed the liability of the transport consignee, determining how to assist shipping companies against those interested in the cargo when the cargo is subject to damages or losses as a result of an inadequate execution of the transport contract, a judgement that represents a radical turn with regards to the jurisprudence that had been previously followed

Competition Appeal Tribunal dismisses ECSL’s claim for damages

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • December 31 2009

English Welsh & Scottish Railways Limited ("EWS") was found to have abused its dominant position in the market for haulage of coal by rail in Great Britain