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Results: 1-10 of 59

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


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


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


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


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


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


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


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