Covered in this issue

1 ARBITRATION . . .3

1 . 1 COMMERCIAL COURT CONSIDERS THE CIRCUMSTANCES IN WHICH IT MAY GRANT SECURITY WHERE A PARTY IS CHALLENGING THE JURISDICTION OF THE TRIBUNAL . . . 3

1 . 2 HIGH COURT RULES THAT AN ARBITRATOR DOES NOT AUTOMATICALLY CEASE TO HAVE JURISDICTION FOLLOWING A SETTLEMENT BETWEEN THE PARTIES . . .3

2 CONTRACT . . .5

2 . 1 COURT OF APPEAL CONFIRMS THAT EVIDENCE OF MARKET PRACTICE IS ADMISSIBLE AS AN AID TO CONTRACT INTERPRETATION . . .5

2 . 2 COURT OF APPEAL STRESSES THE IMPORTANCE OF ESTABLISHING THE TERMS OF AN OFFER . . .5

3 COSTS. . .7

3 . 1 HIGH COURT CONSIDERS FACTORS RELEVANT TO DETERMINING THE AMOUNT OF INTERIM COSTS TO BE PAID BY AN UNSUCCESSFUL PARTY . . .7

3 . 2 THAT A CASE INVOLVES A CLAIM AND COUNTERCLAIM WHICH MAY GIVE RISE TO SET-OFF DOES NOT PRECLUDE THE MAKING OF AN ORDER FOR SECURITY FOR COSTS. . .7

4 EU . . .9

4 . 1 EUROPEAN COMMISSION PUBLISHES PROPOSALS FOR THE REFORM OF THE BRUSSELS REGULATION . . .9

5 INSURANCE . . .10

5 . 1 COMMERCIAL COURT RULES ON THE BURDEN OF PROOF UNDER A CONTRACT OF INSURANCE INCORPORATING AN EXCLUSION FOR ‘MYSTERIOUS DISAPPEARANCE’ . . .10

6 PRACTICE AND PROCEDURE . . .11

6 . 1 THE COURT’S POWER TO GRANT CONDITIONAL ORDERS UNDER CPR 3.1(3) CANNOT BE USED AS A MEANS TO CIRCUMVENT THE REQUIREMENTS FOR SECURITY FOR COSTS UNDER CPR 25 . . .11

6 . 2 HIGH COURT CLARIFIES ISSUES RELATING TO APPLICATIONS FOR ACCESS TO COURT DOCUMENTS BY NON-PARTIES . . .12

6 . 3 COURT OF APPEAL CONSIDERS THE IMPORTANCE OF AN OMISSION TO SERVE A RESPONSE PACK WITH THE CLAIM FORM IN GRANTING AND SETTING ASIDE DEFAULT JUDGMENT . . .12

6 . 4 COURT OF APPEAL CONSIDERS THE GROUNDS FOR REOPENING AN

APPLICATION FOR RECONSIDERATION OF A REFUSAL TO ALLOW PERMISSION TO APPEAL . . .13

7 SHIPPING . . .15

7 . 1 COMMERCIAL COURT RULES ON THE EXCLUSION OF A CARRIER’S LIABILITY UNDER A BILL OF LADING AND THE BURDEN OF PROOF AS REGARDS DAMAGE TO GOODS . . .15

7 . 2 BIMCO AND NORWEGIAN SHIPBROKERS’ ASSOCIATION COMMENCE

REVISION OF SALEFORM 1993 . . .16

7 . 3 INTERNATIONAL GROUP OF P&I CLUBS REVISES IT S LETTERS OF

INDEMNITY . . .6

7 . 4 COURT OF APPEAL CONSIDERS ISSUES OF CAUSATION ARISING OUT OF THE CARRIAGE OF DANGEROUS CARGO . . .17

7 . 5 SCOTTISH COURT OF SESSION CONSIDERS WHETHER A VESSEL CAN BE ARRESTED IN SUPPORT OF AN ACTION RELATING TO THE SUPPLY OF REMOTELY OPERATED VEHICLE EQUIPMENT TO THE VESSEL . . . 18

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