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Results: 1-10 of 58

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


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


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


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


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


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


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


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