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Results: 1-10 of 17

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

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

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

Without prejudice exchanges admissible for interpretation of a settlement agreement

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • August 27 2009

In the case of Oceanbulk Shipping & Trading SA v TMT Asia Limited & 3 Others, the High Court has ruled in favour of allowing without prejudice exchanges to be adduced as evidence where there is a dispute over the interpretation of a settlement agreement

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

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

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

High Court confirms no new remoteness test for damages in contract

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • May 27 2010

In Sylvia Shipping Co Limited v Progress Bulk Carriers Limited the High Court has confirmed that the House of Lords' decision in Transfield Shipping Inc v Mercator Shipping Inc does not create a new remoteness test for damages in contract

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

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