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Searching Content indexed under Contracts and Commercial Law by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
Commercial Dispute Resolution Briefing, July 2011
In stark contrast to the decision by the UK Supreme Court last year not to enforce a French arbitration award granted against the Government of Pakistan, the French Court of Appeal recently ruled in favour of enforcing it.
UK
28 Jul 2011
2
Is the Pindell Case Manifestation of the Law of Unintended Consequences?
Zohar Zik considers the decision of Pindell Limited v AirAsia Berhad, in which the court rejected a claim made by an aircraft lessor against the lessee for damages relating to the loss of the sale of the aircraft due to late redelivery by the lessee.
UK
5 Apr 2011
3
Beware of Misplaced Expectations in Reliance Recoveries
The English court confirms the factors to be taken into account when assessing a loss.
UK
17 Jan 2011
4
Argentina! Strikes, Frustration and "Force Majeure"
A review of the modern common law doctrine of frustration in the context of contract law.
UK
17 Jan 2011
5
Liquidated Damages Clause v Penalty Clause
Court upholds onerous liquidated damages clause triggered by termination of a yacht building contract.
UK
17 Jan 2011
6
Ready or not?
Court ruling brings clarification to the "readiness to load" requirement under a GAFTA agreement. Soufflet Negoce v Bunge S.A. (2009).
UK
13 Apr 2010
7
Without Prejudice Gone Barmy? Oceanbulk Shipping v TMT Asia
The point is a simple one. When can without prejudice negotiations be used in evidence for the interpretation of a settlement agreement?
UK
17 Feb 2010
8
Commercial Purpose Beats Red Ink: Chartbrook Ltd v Persimmon Homes Ltd And Ors (2009)
Despite the apparently well established rule that when a court comes to construe a contract evidence of pre-contractual negotiations is inadmissible, commentators have suggested that the law in this area is in a state of flux.
UK
29 Jul 2009
9
Solicitors’ Duties To Third Parties – A Taxing Issue
Does a solicitor owe duties of care to third parties when advising a client? This question was considered in the well-known House of Lords’ decision in "White v Jones".
UK
4 Apr 2008
10
Service Provision Changes Under TUPE 2006
TUPE 2006 provides two routes by which a relevant transfer can occur. The first is where an "economic entity" retains its identity post transfer (the traditional TUPE transfer, under reg 3(1)(a)). The second is a service provision change within reg 3(1)(b).
UK
11 Dec 2007
11
Law Commissions´ Proposals For Reform - Intermediaries And Pre-Contract Information
The English and Scottish Law Commissions published their third Issues Paper on 21 March 2007. It focuses on the position where a mistake or fraud by an insurance intermediary leads to non-disclosure/misrepresentation of information to an insurer.
UK
11 Jul 2007
12
Subrogation Checklist
Subrogation litigation can be a minefield for insurers seeking to balance commercial relationships with insureds against the likelihood of obtaining a recovery of any payout from a third party.
UK
24 Jan 2007
13
Law Commissions’ Proposals - Update
The English and Scottish Law Commissions’ plans to review insurance contract law were announced in January 2006. Recommendations will be published in 2007.
UK
18 Jan 2007
14
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
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
Argentina: Damages For Delay in Air Transportation
Both the Warsaw Convention (art. 19) and the Montreal Convention (art. 19) establish the liability of the air carrier in case of delay in passenger transportation.
Argentina
29 Aug 2006
17
Common Interest Privilege in Insurance and Reinsurance Disputes
Common interest privilege arises where two or more people share a common interest in an underlying subject matter.
UK
23 Aug 2006
18
Contributory Negligence and Brokers, or "You Should Have Looked More Closely at What We Gave You"
The broker’s job is essentially to obtain coverage for his client. In performing that role, he generally prepares contract documentation.
UK
16 Aug 2006
19
Commercial Dispute Resolution Briefing - July 2006
Acceptance of FA rules submitting disputes to arbitration constitutes a waiver of rights under Article 6 of the European Convention of Human Rights
UK
14 Aug 2006
20
Renegotiating Outsource Agreements
With the current increase in the number of outsource agreements being renegotiated, it is appropriate to look at some of the important factors that need to be taken into account before joining the renegotiation bandwagon. The customer's bargaining power is often significantly reduced in renegotiation as opposed to the negotiation of a fresh contract. This article considers some of the ways of seeking to level the playing field.
UK
2 Aug 2006
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