146 results found
Fenech & Fenech Advocates | Malta | 12 Apr 2023
Settlement by arresting party of expenses in keeping vessel safe while under arrest
This article discusses a case in which a disabled chemical tanker had seemingly been abandoned by its owner and left to Transport Malta to deal with the potential hazards it posed, especially to the underwater interconnector cable between Malta and Sicily. Both Transport Malta and Enemalta, Malta's energy provider, appealed to the court to try and force the owner to take responsibility for......
Penningtons Manches Cooper LLP | United Kingdom | 31 Mar 2023
Under-settlement of damages: securing the right compensation for personal injury and clinical negligence claims
In claims for personal injury, including those arising from clinical negligence, the full extent of a person’s injuries may not be immediately…
Arnecke Sibeth Dabelstein | Germany | 22 Mar 2023
Carrier's liability for loss of cargo in case of violation of shipper's instructions in GTC
To compensate for the carrier's strict liability, section 431 of the German Commercial Code provides for limits on the amount of liability in the event of loss of or damage to the goods and in the event of the delivery period being exceeded. It is necessary to clearly formulate shipper general terms and conditions and master transportation contracts, especially if the GTCs contain......
Pinsent Masons | United Kingdom | 20 Mar 2023
Court of Appeal confirms that damages for UK patent infringement are not restricted to UK territory
Damages inquiries in patents cases are rare, particularly at appeal level, so a recent Court of Appeal decision will likely provide guidance for patentees considering what they need to prove to recover damages, and whether they can recover damages in respect of overseas losses. While the Court confirmed that it is possible to recover extraterritorial damages in the UK courts, the case also......
KaiRong Law Firm | China | 1 Mar 2023
Container ship catches fire: who is responsible?
A recent maritime liability dispute case involved a container ship fire accident. The plaintiff, as the shipowner, filed a lawsuit claiming that multiple defendants, including various shippers, exporters and manufacturers, who were connected to the dangerous goods that caused the fire, should bear tort liability and be jointly and severally liable. The issues encountered in this case make it......
Smart & Biggar | Canada | 1 Feb 2023
Federal Court rejects pre-trial determination of question of law about nature of section 8 but-for world
Dr. Reddy's seeks damages from Janssen pursuant to the amended section 8 of the Patented Medicines (Notice of Compliance) Regulations for its lost sales of abiraterone acetate. Justice Southcott recently decided three previous motions in section 8 actions relating to abiraterone acetate. In this fourth motion, Dr. Reddy's requested the Federal Court's determination of a question of law prior......
Wikborg Rein | United Kingdom | 25 Jan 2023
Limitation of liability in light of MSC Flaminia (No.2) decision
The right to limit liability for claims is a cornerstone and unique feature of maritime law. Limitation issues are a particularly important consideration in the aftermath of large-scale casualties as the ability to limit liability may significantly reduce the financial exposure for a party and its insurers. The recent decision from the English High Court in MSC Flaminia (No.2), provides......
Pallett Valo LLP | Canada | 23 Jan 2023
Motor Vehicle Accident in Quebec for a Non Resident - Quebec Law Still Applies!
Neston v. Quadri was heard at the end of December and is an Ontario Superior Court of Justice action that dealt with whether personal injuries…
Van Doorne | Netherlands, United Kingdom | 23 Jan 2023
Verschillen tussen Engels en Nederlands contractenrecht Direct, indirect, consequential en special damages
In deze blogserie behandelen we verschillen tussen Engels en Nederlands contractenrecht. Handig voor elke jurist die (weleens) onderhandelt met een…
WSCO Advokatpartnerselskab | Denmark | 18 Jan 2023
Clarification of sea carrier's liability for container-caused damages: extent of liability for subcontractors
🕑 5 minutes This article is part of a series that describes some of the issues that the Danish Merchant Shipping Act's various liability regimes raise in practice, including issues in relation to the extent of liability for subcontractors and product liability for these types of damages. In particular, this article focuses on the extent of a sea carrier's liability for subcontractors.
