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Searching Content indexed under Corporate/Commercial Law by Ben Macfarlane & Co ordered by Published Date Descending.
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Assessment of Damages Following a Breach of Contract - The "Mamola Challenger"
This case discusses the extent to which a contracting party can claim, as damages for breach of contract, expenditure incurred in preparation of a contract that has been wasted as a result of breach of that contract by the other party. The facts of this claim arose from a breach of a Charterparty by the Charterers.
UK
9 Sep 2010
2
Entire Agreement? Admissibility Of Pre-Contract Negotiations
The recent case of Chartbrook and Another v Persimmon Homes Ltd and Others [2009] saw the House of Lords reaffirming the long-established position that under English law, anything said or done in the course of negotiating a contract is inadmissible as evidence of what the contract was intended to mean.
UK
24 Mar 2010
3
Whitecap Leisure Ltd v John H. Rundle Ltd [208] EWCA Civ 1026: The Modern Approach To Litigation Costs
"Anyone with any sense knows that litigation is expensive. Anyone with any sense knows that litigation is more expensive than one's worst fears. Anyone with any sense would avoid litigation. Commercial men should look at their balance sheet rather than the pleadings."
UK
1 Oct 2008
5
“Sea Emerald SA V Prominvestbank – Joint Stockpoint Commercial Industrial And Investment Bank” [2008] EWHC 1979 (Comm): Dispute Relating To Refund Guarantee In Shipbuilding Contracts
In the shipbuilding industry, the refund guarantee is often an essential document because it allows the buyer and its financiers to hold security from the shipyard which will respond in the event that the ship is not delivered.
UK
27 Aug 2008
6
"Seagate Shipping Ltd v Glencore International A.G": Commercial Court Decision On Charterparty Dispute
Those not in the coal and iron ore market may not be familiar with RightShip. This is a ship approval system set up in 2001 and maintained by BHP Billiton, Rio Tinto Shipping and Cargill Ocean Transportation.
UK
14 Aug 2008
7
London: The New Souk For Sukuk
Islamic finance is now the Buzz Topic in the City of London. While the Middle East’s economies thrive and prosper, the enormous funds generated are seeking the best opportunities for investment the markets can offer. The Chancellor, Gordon Brown - perhaps the next Prime Minister- has been key to the debate; last month, he announced in his budget that Sukuk were to be given equivalent tax treatment to traditional interest-bearing bonds.
UK
17 Apr 2007
8
Introduction To The Principles Of Islamic Finance
In the last few years, Britain has become a hub for new Islamic financial products and services. With the market set for certain expansion, it is imperative that the City broadens its understanding of what Islamic Finance entails.
UK
22 Nov 2006
9
Insurance “Contract Certainty” Revisited
The events of ‘9/11’ shattered conventional thinking about insurance in a number of ways. A tricky debate has centred on the question of what cover had been provided for the Twin Towers at the time of the attack. By September 11th no final wordings had been agreed, there were only temporary contracts from the insurers pledging to provide insurance.
UK
16 Nov 2006
10
Investigation Agents And The Law*
The advice most often given to to prospective litigators usually appears in the form of three questions. First, do you have a case? Then, is the claim time barred? And, finally, is the Defendant "good for the money"? It is when lawyers come to address the third element that they frequently resort to investigation agents.
UK
7 Sep 2006
11
Shariah-Compliant Insurance Products: ‘Takaful’
"Takaful" is an Arabic word meaning "guaranteeing each other" or "joint guarantee". The fundamentals underlying the concept of Takaful are very similar to cooperative and mutual principles, as the cooperative and mutual model is one that is accepted under Islamic Law.
UK
22 Mar 2006
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