Reed Smith Shipping Group Monthly Bulletin - June 2011

by Reed Smith
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In This Issue:

ARBITRATION...4

A party cannot challenge the jurisdiction of a tribunal where its arbitration claim has already been dismissed by the court...4

France revises Arbitration Law...4

COMPANY LAW...5

Court of Appeal rules on the requirements for the proper execution of sale and purchase documentation by companies...5

COSTS...6

Court of Appeal considers whether a party’s application for security for the costs of an appeal, and the imposition of a condition on that appeal, constituted an abuse of process...6

A pre-action Part 36 offer must specifically refer to pre-action costs if liability for these costs is to be determined under Part 36...6

EVIDENCE...7

In considering whether to grant permission to rely on additional witness evidence during the course of a trial, the lateness of the application is only one factor to take into account and should not be given elevated status...7

INSURANCE...8

Court of Appeal considers the validity of an insurer’s notice of cancellation under the Iran Sanctions Clause in a policy of marine insurance...8

JURISDICTION...9

Commercial Court rules on the position where the English court has made an order in relation to a foreign company, and the court in the jurisdiction of incorporation has made a contradictory order...9

Admiralty Court finds that it has jurisdiction to determine a personal injury claim brought by an Indian employee for injuries sustained whilst working on board a vessel flagged in the Marshall Islands...9

Court of Appeal finds that it has jurisdiction to rule on the validity of an arbitration agreement, and to grant an anti-suit injunction preventing a party from bringing proceedings in breach of that agreement, where there is no arbitration in being and none realistically in prospect...10

LEGAL PROFESSION...12

A solicitors’ firm has been found able to assert a common law retaining lien over monies held in client account in order to satisfy that client’s debt to the firm for outstanding fees...12

PART 36...13

Court of Appeal finds that while CPR Part 36 does not permit settlement offers to be time-limited, where such an offer otherwise complies with the requirements of Part 36 the courts should not readily interpret it in a way which would prevent it from being a Part 36 offer...13

PRIVILEGE...14

Where a party has deliberately waived legal professional privilege in relation to certain material, he can be required to give specific disclosure of that material...14

Law Society granted leave to intervene in appeal to the Supreme Court regarding whether legal professional privilege should be extended to professionals other than qualified lawyers...14

SANCTIONS...16

European Union and United States impose sanctions in relation to Syria...16

European Union and United States update Iran sanctions...16

SERVICE OUT OF THE JURISDICTION...17

High Court upholds service out of the jurisdiction without permission under CPR 6.33(2), despite the Claimants filing a defective form N510...17

The Court has power to order service by email on US companies where a Norwich Pharmacal order is sought against those companies...17

SHIPPING...19

Commercial Court considers a Disponent Owner’s challenge of the striking out of its demurrage claim on the grounds that there was no contract between it and the Voyage Charterer, and as such no arbitration agreement between them...19

Commercial Court finds that a Charterer can rely on an exclusion in a berth charter where a vessel’s unloading was delayed by congestion after a strike...20

Please see full newsletter below for more information.

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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.

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