RS Shipping Bulletin - February 2011

more+
less-

In This Issue:

1 Carriage Of Goods . . . 3

1 . 1 Court Of Appeal Considers The Meaning And Reasonableness Of The ‘No Set-Off’ And ‘Time Bar’ Clauses In The British International Freight Association Terms . . . 3

2 Contract . . . 5

2 . 1 High Court Considers The Enforcement Of An Indemnity Where The Party Indemnified Has Not Defended The Claim . . . 5

3 Costs. . . . 6

3 . 1 High Court Considers Principles Applicable To The Assessment Of Foreign Lawyers’ Fees . . . 6

3 . 2 Court Of Appeal Considers Various Points Relating To The Payment Of Costs And Interest By An Unsuccessful Party . . . 7

4 EU . . . 8

4 . 1 New Sanctions Against Ivory Coast Enter Into Force . . . 8

5 Jurisdiction . . . 9

5 . 1 Commercial Court Considers The Relevance Of A Claim’s Prospects Of Succeeding In Another Jurisdiction When Assessing Whether England Is The Appropriate Forum For The Claim . . . 9

5 . 2 High Court Considers The Point At Which A Court Is Seised Of Proceedings For The Purposes Of The Brussels I Regulation . . . 10

6 Practice And Procedure . . . 11

6 . 1 Court Of Appeal Comments On The Factors For A Court To Consider When Dealing With An Application To Amend A Statement Of Case . . . 11

6 . 2 High Court Considers The Principles Applicable To The Revoking Of Final Orders And Cause Of Action Estoppel . . . 11

6 . 3 Service Abroad Is Not Necessarily Good Service Simply Because It Is Not Contrary To The Law Of The Country Where Service Is To Be Effected . . . 12

7 Shipping . . .14

7 . 1 Commercial Court Rules On Issues Of Contribution And Indemnity Arising Out Of Damage Caused To A Vessel At A Shipyard . . . 14

7 . 2 Court Of Appeal Clarifies Issues Relating To Marine Insurance, Piracy And The Treatment Of Ransom Payments As A Matter Of English Law And Public Policy . . . 14

7 . 3 Spain Becomes First Nation To Rafity The Rotterdam Rules . . .15

7 . 4 Commercial Court Rules On The Nature Of Advance Payment Guarantees Issued By An Insurance Company Guaranteeing The Repayment Of Payments Made Under Shipbuilding Contracts . . . 15

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, International Trade 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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »