Searching Content indexed under Marine/ Shipping by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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No Crown Office Action To Be Taken After Eight Die On Bourbon Dolphin
The Crown Office has confirmed that no criminal proceedings are to be taken over the capsizing of an offshore supply vessel off Shetland which claimed the lives of eight on board.
19 Jun 2012
Reform And Privatisation Of Ukrainian Seaports
On 8 June 2012 the Ukrainian Parliament passed a law "On the Seaports of Ukraine" (the "Law"), the intent of which is to re-organise the Ukrainian port industry and allow private investment in port infrastructure, including the privatisation of existing assets.
18 Jun 2012
West Tankers Revisited (3): Damages For Breach Of Arbitration Agreement
The Commercial Court has found that an arbitral tribunal is not deprived of its jurisdiction to award equitable damages against a party that breaches an arbitration agreement.
31 May 2012
Concurrent Delay: City Inn Snubbed Again
The decision of a Scottish court in July last year dismissing appeals in the City Inn litigation continues to provoke debate in England over delay analysis under extension of time clauses.
20 Jul 2011
Insurance Law Reform: Consultation On Brokers’ Liability For Premium
The Law Commission has published a summary of the responses received to its consultation on reform of section 53 of the Marine Insurance Act 1906. The majority of responses received were in favour of reform.
12 May 2011
Insurance: Utmost Good Faith and Fair Presentation Of The Risk
A recent case reaffirms the legal position on the question of what amounts to a fair presentation of a risk in the context of a non-disclosure dispute.
21 Dec 2010
Expectation Damages or Reliance Damages?
A recent Commercial Court decision has addressed the question of whether a party to a contract that has been breached can recover wasted expenditure where an award of damages on that basis would put that party in a better position than it would have been if the contract had been performed.
15 Sep 2010
Commission Opens Formal Investigation Into Protection & Indemnity Clubs
The European Commission has opened a formal investigation of its own initiative into whether certain provisions accompanying claim-sharing and joint-reinsurance agreements in the marine insurance sector infringe the competition rules.
2 Sep 2010
Marine Insurance: Recovery Under Cargo Policy Where Ransom Paid
In a recent case the court has held that payment of a ransom was not contrary to public policy and would be taken into account when assessing whether a cargo owner had been deprived of an insured cargo and suffered a loss.
8 Mar 2010
Draft National Policy Statement For Ports
On 9 November 2009, the Department for Transport published its consultation on the draft National Policy Statement (NPS) for Ports.
2 Dec 2009
Final Chance For Polish Shipyards
The European Commission has rejected the Polish Government’s plans for restructuring the shipyards in Szczecin and Gdynia.
23 Jul 2008
Proposed Insurance Law Reforms: Warranties
The Law Commission and Scottish Law Commission have made proposals for the reform of insurance contract law. If adopted, the proposals will see sweeping changes to the law on warranties in insurance contracts.
27 Jul 2007
Brokers’ right to offset claims recoveries against premium due
The Commercial Court recently delivered its latest judgement in litigation arising out of unpaid premium under marine facultative reinsurance placed in the London market by Heath for Venezuelan insurers, Banesco.
6 Jul 2006
Undisclosed Principals: when can they sue, and must their interest be disclosed?
The position of undisclosed principals was recently revisited by the commercial court in Talbot Underwriting Ltd v Nausch Hogan & Murray ("Jascon 5"). Among other issues, the court considered the circumstances in which an undisclosed principal is entitled to sue on an insurance contract and whether the existence of an undisclosed principal is a material fact needing to be disclosed to the insurer.
18 Jan 2006
Oil in Produced Water-new regulation
The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (the "Regulations") are set to come into force on 21 August. The objective of the Regulations is to introduce a more robust, effective and efficient approach to the management of oil discharges by the offshore oil and gas industry and to achieve the 15% reduction target over 2000 levels mentioned in OSPAR Recommendation 2001/01 for the Management of Produced Water from Offshore Installations.
12 Aug 2005
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