Hitting the Bull’s Eye
The UK Court of Appeal held that the one-year time bar for claims under the Hague-Visby Rules applies to claims for misdelivery, even if said misdelivery occurred after discharge.
Court of Appeal
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Tag archive:
Reasonably secure or allowed to arrest?
In this article we discuss the UK Court of Appeal’s recent decision on the construction of the Admiralty Solicitors Group standard collision jurisdiction wording (“ASG2”).
Adjudication benefits extended by Court of Appeal in important decision
In an important decision, the UK Court of Appeal has today overturned a High Court judgment that restricted the use of a quicker and cheaper means of resolving construction disputes.
The decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP, in which WFW’s construction team acted for Abbey, the successful appellant, will have significant implications for the construction and real estate industries as it confirms the benefits of adjudication as being more widely available.
Not all is lost – Express terms needed to exclude claims for wasted expenditure
We discuss the recent Court of Appeal decision which confirms that express words are required to exclude claims for wasted expenditure.
Court of Appeal to revisit two-tier system for Collateral Warranties
The Court of Appeal has confirmed it intends to review whether collateral warranties attract statutory adjudication rights.
A “Short-lived” Bliss for Owners
The Court of Appeal yesterday handed down the judgment in The Eternal Bliss, allowing Charterers’ appeal.
What were we thinking? – New guidance on rectification of contracts
Mistakes can happen. What happens when, as a result of such a mistake, parties enter into a contract which does not reflect their prior agreement or their intentions?
To reasonably agree or to reasonably not agree?
English law holds that an agreement to agree is no agreement at all, but the question of whether a provision is in fact an agreement to agree is much less clear cut.
Landmark Court of Appeal decision on ship arrest counter-security and wrongful arrest damages
In a landmark ruling that has brought welcome clarity to a legal ‘hot topic’ that has been debated for many years, the English Court of Appeal has now upheld the first instance decision of the Admiralty Court in The Alkyon.