Shipping Group Monthly Bulletin - July 2011

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In This Issue:

BIMCO...3

BIMCO publishes Wreckhire 2010...3

CIVIL PROCEDURE...4

High Court grants relief from sanctions where the deadline for service of a witness statement was a bank holiday, and the statement was served late...4

CONTRACT...5

Commercial Court holds that a right of first refusal constitutes a right to receive a contractual offer on terms which the party who has granted that right is prepared to accept...5

High Court holds that a party’s duty to use “all reasonable endeavours” is not limited by that party’s commercial interests...6

INTERNATIONAL TRADE...7

Court rules on a trade supplier’s entitlement to sums claimed from an insurance company under three credit supplier guarantees...7

JURISDICTION...9

Court of Appeal considers the issue of which court is first seised under the Brussels Regulation, when a first action which is not related to a second action for the purposes of the Regulation is amended so as to become related...9

LEGAL PROFESSION...11

Court finds that a conditional fee agreement is unenforceable where itseffect has not been properly explained...11

PARIS MOU...12

Committee approves 2010 inspection results and adopts new performance lists...12

PRIVILEGE...13

Court of Appeal holds that privilege in advice received at a meeting with legal advisers has been waived when a witness statement refers to the nature of that advice...13

SALE OF GOODS...14

European Court of Justice considers the meaning of “place of delivery” in the context of founding jurisdiction under the Brussels Regulation...14

SHIPPING...15

Commercial Court rules on the validity of a notice of readiness tendered when the berth was both occupied and unreachable due to tidal conditions...15

Tribunal considers whether Charterers were in anticipatory breach of a charterparty by redelivering the vessel early, and if so whether Owners accepted that breach as terminating the charterparty...16

Commercial Court considers the meaning of a provision in a contract for sale of a yacht that the vessel is to be of a particular Class...16

Admiralty Court rules on the apportionment of responsibility for a collision...17

Commercial Court finds that Owners are entitled to enforce a letter of indemnity given to Charterers by the receiver of the cargo, in a situation where the cargo had been delivered to the receiver on Charterers’ instructions in the absence of presentation of original bills of lading...18

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