Reed Smith Shipping Group Monthly Bulletin - May 2011


In This Issue:


Commercial Court confirms that the court’s power under s.66 Arbitration Act 1996 to enforce an arbitration award extends to declaratory awards...3

Court of Appeal considers whether monies paid into court by a Claimant in support of a freezing injunction should be paid out to the Claimant or Defendant on discontinuance of that injunction...3

Commercial Court considers the effect of the late payment of outstanding fees owed to an arbitration appeal board following notification of a final interim award...4


BIMCO launches radiation clause for time charterparties...6


Supreme Court considers the meaning of “subsidiary” where a contract incorporates the definition in the Companies Act 1985...7


Court makes wasted costs and non-party costs orders against a solicitor acting for one of the parties...8

Court of Appeal sets down guidance on costs following discontinuance by a Claimant...9


Court of Appeal considers the admissibility of evidence where a party has failed to take the correct procedural steps to admit that evidence...10


Court of Appeal finds that a clause providing that an indemnity will cease on a company’s insolvency is invalid...11


Commercial Court considers whether it is appropriate to grant

a default judgment where decisions are pending on related issues...12


Supreme Court grants leave to appeal decision that legal professional privilege does not apply to any professional other than a qualified lawyer...13


Iran (Asset-Freezing) Regulations 2011...14

Libya (Restrictive Measures) (Overseas Territories) Order 2011...14

Ivory Coast (Asset-Freezing) Regulations 2011...14


Commercial Court sets aside an order for service out of the jurisdiction where the original pleadings disclosed no reasonable prospect of success, and where amendments made after service put the case on a new legal basis...15

Commercial Court sets out the test to be applied when considering the jurisdictional gateways for service of proceedings concerning contractual claims out of the jurisdiction...15


Commercial Court considers which party should bear the burden of proof under the Hague Rules in establishing the cause of cargo damage...17

Commercial Court considers delays under a shipbuilding contract, and whether as a result of such delays the buyer was entitled to rescind the contract and recover instalments paid...17

Commercial Court considers which sums a party must take into account when calculating its loss on the early termination of forward freight agreements...18

Please see full newsletter below for more information.

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

Written by:

Published In:

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 »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.