RS Shipping Bulletin - April 2011

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In This Issues:

1 ARBITRATION . . . 3

1 . 1 COURT OF APPEAL ALLOWS SERVICE OF AN ARBITRATION CLAIM FORM ON THIRD PARTIES OUT OF THE JURISDICTION . . . 3

2 CONTRACT . . . 4

2 . 1 ADMIRALTY COURT RULES ON THE INCORPORATION OF A BIMCO ARBITRATION CLAUSE IN A CONTRACT FOR SALVAGE SERVICES . . . 4

3 EVIDENCE . . . 5

3 . 1 REPORTS PRODUCED WHEN THERE IS A REASONABLE PROSPECT OF LITIGATION, BUT WHICH ARE NOT PRODUCED FOR THE PREDOMINANT PURPOSE OF LITIGATION, ARE NOT SUBJECT TO LITIGATION PRIVILEGE . . . 5

4 EXPERTS . . . 6

4 . 1 SUPREME COURT ABOLISHES EXPERT WITNESSES’ IMMUNITY FROM SUIT FOR BREACH OF DUTY . . . 6

4 . 2 THAT PRIVILEGED INFORMATION HAS BEEN GIVEN TO AN EXPERT BY ONE PARTY TO LITIGATION IS NOT, IN ITSELF, A SUFFICIENT BAR TO THAT EXPERT BEING CALLED AS A WITNESS BY THE OTHER PARTY . . . 7

5 INSURANCE . . . 8

5 . 1 THAT A MARINE INSURANCE POLICY IS GOVERNED BY ENGLISH LAW DOES NOT AUTOMATICALLY MAKE ENGLAND THE APPROPRIATE FORUM FOR THE RESOLUTION OF DISPUTES UNDER THE POLICY . . . 8

6 INTEREST . . . 9

6 . 1 COMMERCIAL COURT RULES ON THE APPROPRIATE INTEREST AWARD FOR A SHIPPING COMPANY’S US DOLLAR DAMAGES CLAIM . . . 9

7 PRACTICE AND PROCEDURE . . . 10

7 . 1 THE COURT HAS NO POWER TO REVOKE FINAL ORDERS MADE BY WAY OF JUDGMENT ON ADMISSION . . . 10

7 . 2 COMMERCIAL COURT CONSIDERS THE AMBIT OF A POST-JUDGMENT FREEZING ORDER AND WHEN A CLAIMANT MUST GIVE A CROSSUNDERTAKING IN DAMAGES . . . 10

7 . 3 COURT OF APPEAL CONSIDERS THE RELATIONSHIP BETWEEN AN APPLICATION TO SET ASIDE AN ORDER AND A PARTY’S RIGHT OF APPEAL . . . 11

7 . 4 HIGH COURT CONSIDERS VARIOUS ISSUES RELATING TO THE VALIDITY OF PART 36 OFFERS . . . . 12

8 SALE OF GOODS . . . 14

8 . 1 COMMERCIAL COURT FINDS THAT THE FOSFA SCOTT V AVERY CLAUSE EXCLUDES THE RIGHT TO APPLY FOR A FREEZING INJUNCTION . . . 14

9 SHIPPING . . . 15

9 . 1 HIGH COURT RULES ON THE CERTIFICATES TO BE SUPPLIED WITH A VESSEL SOLD ON THE NORWEGIAN SALEFORM 1993 . . . 15

9 . 2 TRIBUNAL CONSIDERS CHARTERERS’ OPTION TO ADD OFF-HIRE DAYS TO THE BASIC CHARTER PERIOD UNDER AN AMENDED NYPE FORM . . . 16

Please see full newsletter below for more information.

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Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Transportation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

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