News & Knowledge
Newcomer Injunctions
The acknowledgment of the court's jurisdiction to issue injunctions against non-parties will be particularly significant in commercial litigation, where third parties often play a crucial role in disputes.
Mediate or else!
It had been said in the past that it was a party’s constitutional right to be heard at trial to resolve a dispute.
John Habergham Contributes Article to The Exporter Magazine
John Habergham recently contributed an article to The Exporter magazine on the subject of The Electronic Trade Documents Act 2023 and its implications for exporters.
The Arbitration Act 1996 – The Law Commission’s Final Report
As prefaced in earlier articles, The Law Commission has been scrutinising the Arbitration Act 1996 and has now issued its final report after a couple of consultation rounds.
MSC MEDITERRANEAN SHIPPING COMPANY SA -V- STOLT TANKER CONTAINERS BV AND OTHERS
This case is about tonnage limitation under the 1976 Convention of Limitation of Liability for Maritime Claims.
JTI Polska Sp. Z o.o. v Jakubowski
The Supreme Court has revisited the issue of recovery of excise duty in claims involving CMR It has maintained the existing position and slapped down an earlier Court of Appeal decision which seemed to form the basis of the appellant’s claim in this matter.
The Court of Appeal has held that the one-year limitation period under Hague-Visby Rules applies to misdelivery after discharge
FIMBank plc v KCH Shipping Co Ltd
The Court of Appeal has held that the one-year limitation period under Hague-Visby Rules applies to misdelivery after discharge
Interest on Pain, Suffering, and Loss of Amenity
Last month the High Court handed down judgement on an appeal in a small and rather overlooked personal injury claim relating to a fall outside of a barber shop. The appeal dealt with an interesting question in law, specifically: when can (or should) the Court break from the conventional rate of 2% interest on damages for pain, suffering, and loss of amenity?
The Arbitration Act 1996 – review by the Law Commission part II - An Update by John Habergham
The Law Commission project is ongoing - see my earlier article.
They issued a first consultation paper, considered the results and, as a consequence, then issued a second consultation paper inviting responses – the period for such responses ends on 22 May 2023.
The Thorco Lineage: limitation under the Hague-Visby Rules - physical damage and economic loss
This case will probably (for which see the final paragraph below) lead to a sea change in English law with regard to limitation under the Hague-Visby Rules where there may be some minor physical damage to cargo, but there is a far greater economic loss – for eg possibly delay causing a drop in the value of the goods and so on.
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