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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


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


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


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


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


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


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


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