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General Editor: Gavin Magrath, Canada.
Recent Articles
No common law rule against set-off in freight forwarding contracts
John Habergham, Myton Law, Hull U.K. In the recent case Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Limited [2019] the Commercial Court has further defined the limits of the common-law rule against set-off from freight. The rule...
Can Standard Terms apply when not expressly agreed?
Does the General Conditions of Danske Havnevirksomheder (DHAB) apply where the terms have not been expressly agreed between the parties? This was the question in a case recently considered by the Danish Maritime and Commercial High Court. Henrik Thal...
Extreme Caution regarding Letters of Undertaking: A Binding Agreement to Agree
Helen Noble, Noble Shipping Law, Ireland Following a recent decision of the High Court in Ireland, insurers should exercise extreme caution when offering a Letter of Undertaking (LOU) in principle as security to prevent a vessel from being arrested. In the cases of...
Court Rejects Request to Delay Release of Cargo without Original BLs
Adv. Gill Nadel, Adv. Dave Zeitoun, Adv. Shirly Strezhevsky, Goldfarb Seligman, Israel Background: In the following article we will review the ruling of the Haifa Magistrate Court regarding F.A.Y. Com Ltd.'s request to delay the release of marine cargo which reached...
‘Secret Commissions’ and fiduciary duties of agents
Paul Bugden, Bugden + Co., London Ref: Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83. In modern trade practice freight forwarders, as is well known, often assume by the express or implied terms of their contract with their...
Interlegal successfully defends interests of Thyssenkrupp
Interlegal defended interests of thyssenkrupp Materials Trading GmbH – creditor under the court proceedings against the Ukrainian company – debtor. Кiev Court of Appeal left in force the ICAC at the UCCI Award on debt recovery for goods supply. Interlegal lawyers...
The Right of Action of the Freight Forwarder under Belgian law
Adry Poelmans, Van Doosselaere Avocaten, Belgium In Belgian jurisprudence, controversy has arisen recently as to the question whether a forwarding agent is “presumed” and also “entitled” to initiate, continue and maintain legal proceedings, or halt them if he has not...
Spanish Supreme Court Upholds Environmental Liability for Ship Agent
Ref: Spanish Supreme Court decision dated 18th July 2018 Shipping transport and related activities have an impact on the environment, like many other industries, and may give rise to claims in tort by third parties adversely affected by the vessel’s operation. In a...
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