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Searching Content indexed under Rail, Road & Cycling by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
Iran Sanctions: Arash Shipping v Groupama Transport (2011)
The Court of Appeal recently ruled on the effect of an Iranian sanctions clause entitling insurers to cancel an insurance, but declined to rule on the effect of EU sanctions legislation where the ruling was not necessary and the enforcement of that legislation fell under the jurisdiction of the criminal, rather than civil, courts.
UK
13 Jun 2011
2
EU Emissions Trading Scheme – An Update
The High Court in London has now formally referred to the European Court of Justice ("ECJ") a legal challenge on the lawfulness of the extension of the EU Emissions Trading Scheme ("EU ETS") to aviation.
UK
20 Dec 2010
3
Incoterms Updated
On 1 January 2011 Incoterms 2010 (ICC Publication No. 715) will enter into force, although there is nothing preventing their immediate use, should the parties wish to do so.
UK
9 Dec 2010
4
Malone and Others v British Airways Plc, 3 November 2010*
Cabin crew complement provisions in collective agreement not incorporated into individual contracts of employment.
UK
9 Dec 2010
5
Brussels Regulation Prevails Over Carriage Convention
When a carriage convention and an EU Regulation both offer provisions on the recognition and enforcement of foreign judgments, which of the two prevails over the other? In this case, the Advocate General swayed in favour of the Brussels Regulation.
UK
21 Sep 2010
6
The Rotterdam Rules - An Overview
A short history of the evolution of international sea carriage conventions leading up to the advent of the Rotterdam Rules. An explanation of what the new rules will mean for both carriers and cargo interests
UK
21 Sep 2010
7
E-freight on non-MAP4/Montreal Routes – can the risk be Mitigated?
In this article we explain the objectives of e-freight, the legal and contractual framework underpinning the relationship between carriers and freight forwarders and discuss the possibility of using e-freight on non-MAP4 and MC99 trade lanes.
UK
2 Sep 2010
8
Catherine Hall v Heart Of England Balloons Limited
Once the right to damages under MC99 is extinguished it cannot be resurrected by the application of a Civil Procedure Rule.
UK
15 Mar 2010
9
EU (Denied Boarding) Regulation (EC) No.261/2004
In this article we look at two recent English county court cases in which passengers sought compensation against Iberia under EU (Denied Boarding) Regulation (EC) No.261/2004.
UK
9 Feb 2009
10
The Grit Has Run Out - A Defence To Highway Claims?
Section 41(1A) of the Highways Act 1980 provides that a highway authority is “under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow and ice”.
UK
9 Feb 2009
11
Supreme Court Of China: Ruling On Arbitration Clause In IATA Ground Handling Agreements
A recent ruling of the Supreme Court of China has declared the arbitration provision on IATA's Standard Ground Handling Agreement invalid, leading to the conclusion that the Chinese courts do not recognize IATA as an arbitral body.
UK
11 Oct 2006
12
Assessment Of Damages: Recent Decision Of The English High Court
Raphael Wiseman v Virgin Atlantic Airways (13 June 2006) - The English High Court has recently confirmed the principles relating to assessment of damages in a denied boarding claim.
UK
10 Oct 2006
13
Aviation Insurance: New War Clauses
In early August 2006, the Aviation Insurance Clauses Group (of which BLG’s Nick Hughes is a member) published a suite of new aviation liability clauses and one aviation hull clause which are noteworthy not only for the importance of the subject matter but also for the process by which they were drafted.
UK
10 Oct 2006
14
Air Carrier Liability: French Jurisdiction Restricted
A recent decision in France has reversed a trend, begun in the case of Pakistan International Airlines v Ms Kunze Bejon in 1997, by which the French Courts had been able to assert jurisdiction over air carriers even in the absence of one of the jurisdictions available under the Warsaw Convention jurisdiction.
UK
 
5 Oct 2006
15
Airline Liabilities in a Sick World
In 1979, 72 per cent of passengers on one aircraft contracted influenza. The attack rate was associated with the ventilation system not being in operation during a three hour ground delay.
UK
31 Aug 2006
16
DVT: No Accident Continued
When an airline passenger sustains bodily injury that is not caused by "accident" when on board an aircraft or in the operations of embarking/disembarking, he has no claim against the airline.
UK
26 Jan 2006
17
United Airlines, US Airways, Delta, Northwest... US Chapter 11
Chapter 11 bankruptcy protection has been an all too common feature of the US airline industry over recent years. Reorganisation under Chapter 11 can help recovery and ultimate survival of the business but brings with it uncertainty and very limited debt recovery options for unsecured creditors.
UK
26 Jan 2006
18
Aerospace News: EC Regulation 261/2004: "Extraordinary Circumstances" Six Months On
When EC Regulation 261/2004 finally came into force on 17 February 2005 airlines pretty quickly faced demands from passengers keen to take advantage of their new rights. However, for the time being there are probably still as many questions as answers on how some parts of the Regulation are to be interpreted.
UK
18 Oct 2005
19
Aerospace News: Liability Issues Arising From "FOD" Incidents
FOD – damage to aircraft caused by foreign object debris – can be a significant source of liability for airports and airport service providers. Training, regular and proficient cleaning and contractual protections are all ways in which exposure to this risk arising can be reduced.
UK
18 Oct 2005
20
Aerospace News: Safety Regulation Versus Consumer Rights?
Recent years have seen an increased concentration of passenger rights legislation in Europe. Has this been at the expense of safety?
UK
6 Oct 2005
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