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Article

Herbert Smith Freehills LLP | United Kingdom | 3 Aug 2011

Court of Appeal reviews duty of disclosure decision

In Garnat Trading & Shipping (Singapore) Pte Ltd v Baominh Insurance Corporation 2011 EWCA Civ 773, marine insurers were unsuccessful in an appeal against a first instance decision of Mr Justice Christopher Clarke.

Article

Herbert Smith Freehills LLP | United Kingdom | 28 Feb 2011

Tips for maximising your insurance recoveries

In recent years, many contractors who have made claims under insurance polices have observed that the timescale for the investigation, adjustment, agreement and settlement of claims by international insurers has steadily increased.

Article

Herbert Smith Freehills LLP | United Kingdom | 22 Sep 2010

Consideration of adjudicator's jurisdiction

In the recent case of Aedifice Partnership v Shah 2010 EWHC 2106, Mr Justice Akenhead in the Technology and Construction Court (TCC), had to decide whether a party had adequately reserved its right to object to an adjudicator's jurisdiction.

Article

Herbert Smith Freehills LLP | United Kingdom | 25 Jun 2009

Mediator summoned to give evidence at trial regarding the mediation

Without prejudice privilege in mediation exists between the parties and is not a privilege of the mediator.

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