RS Shipping Bulletin - October 2010

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In This Issue:

1 COSTS...2

1.1 COURT CONFIRMS ITS JURISDICTION TO HEAR APPLICATION FOR AN ORDER THAT THERE BE NO ORDER AS TO COSTS FOLLOWING DISCONTINUATION OF ACTION ...2

2 DAMAGES ...4

2.1 HIGH COURT UPHOLDS LIQUIDATED DAMAGES CLAUSE IN SUMMARY

JUDGMENT ...4

2.2 THE RECOVERY OF WASTED EXPENDITURE AS DAMAGES ...5

3 EU ...7

3.1 EUROPEAN COMMISSION ANNOUNCES FORMAL INVESTIGATION INTO

INTERNATIONAL GROUP OF P&I CLUBS ...7

3.2 EUROPEAN PARLIAMENT PASSES RESOLUTION ON REFORMS TO

BRUSSELS REGULATION ...7

3.3 EUROPEAN COMMISSION ADOPTS NEW RULES AIMED AT IMPROVING SAFETY PERFORMANCE OF SHIPS ... 8

4 INSURANCE ...10

4.1 HIGH COURT RULES ON LAW APPLICABLE TO REINSURANCE CONTRACT ...10

5 JURISDICTION ...11

5.1 COURT DECLINES TO STAY ENGLISH PROCEEDINGS IN FAVOUR OF PARALLEL PROCEEDINGS IN FLORIDA ...11

6 PRACTICE AND PROCEDURE ...13

6.1 53R D UPDATE TO CPR ...13

6.2 COURT CONSIDERS THE INTERPLAY BETWEEN FREEZING INJUNCTIONS AND APPLICATIONS TO CHALLENGE THE COURT’S JURISDICTION ...13

7 SHIPPING ...15

7.1 IS A NOTICE OF READINESS INVALIDATED BY FAILURE TO OBTAIN FREE PRATIQUE WITHIN THE TIME SPECIFIED IN THE CHARTERPARTY? ...15

Please see full Newsletter below for more information.

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Written by:

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Reed Smith on:

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