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Results: 1-10 of 13

Liability of the transport consignee

  • Squire Sanders
  • -
  • 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

Without prejudice exchanges admissible for interpretation of a settlement agreement

  • Squire Sanders
  • -
  • 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

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

  • Squire Sanders
  • -
  • 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

High Court confirms no new remoteness test for damages in contract

  • Squire Sanders
  • -
  • 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

Competition Appeal Tribunal dismisses ECSL’s claim for damages

  • Squire Sanders
  • -
  • 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

CAT upholds Stagecoach challenge to CC prohibition of Preston Bus acquisition

  • Squire Sanders
  • -
  • 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

Andalusia High Court of Justice sentence, 20 October 2009

  • Squire Sanders
  • -
  • 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

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

  • Squire Sanders
  • -
  • 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

Improper fines from red light cameras do not violate the Takings Clause - but they may violate the Ohio Constitution

  • Squire Sanders
  • -
  • USA
  • -
  • November 17 2010

The Sixth Circuit has given red light cameras a rare victory in Ohio

Remoteness... forseeability...recovery of future loss...revisited

  • Squire Sanders Hammonds
  • -
  • United Kingdom
  • -
  • August 8 2011

The Court of Appeal in a recent case, Conarken Group Ltd and another v Network Rail Infrastructure Ltd 2011 EWCA Civ 644 gave a useful restatement of the laws on the foreseeability and remoteness of economic loss arising from negligent property damage