News & Knowledge

Fundamental Dishonesty - A Recent case

A common occurrence in Personal Injury claims are Claimants exaggerating the nature and extent of their injuries in order to maximise the damages that they may receive. 

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. 

Loading Blog Posts...

Loading Blog Posts...