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‘Secret Commissions’ and fiduciary duties of agents

‘Secret Commissions’ and fiduciary duties of agents

by Editor | Feb 25, 2019 | Case Summaries, Principal + Agent

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 successfully defends interests of Thyssenkrupp

by Editor | Feb 19, 2019 | Case Summaries, Forwarderlaw News

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

The Right of Action of the Freight Forwarder under Belgian law

by Editor | Jan 29, 2019 | Case Summaries, Commercial Issues, Principal + Agent

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

Spanish Supreme Court Upholds Environmental Liability for Ship Agent

by Editor | Jan 18, 2019 | Carriage by Sea, Case Summaries, Environment

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...
Carrier’s liability for implementing safety instructions

Carrier’s liability for implementing safety instructions

by Editor | Jan 4, 2019 | Carriage by Road, Case Summaries

Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany The Bremen Regional Court recently held a road carrier liable for loss of goods under Article 29 of the Convention on the Contract for the International Carriage of Goods by Road (CMR). According to the court, the...
Admiralty Jurisdiction for On-Carriage?

Admiralty Jurisdiction for On-Carriage?

by Editor | Dec 14, 2018 | Carriage by Sea, Case Summaries, Jurisdiction + Forum

Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Re: Elroumi v. Shenzhen Top China Imp & Exp Co., Ltd China, 2018 FC 633 A recent decision of the Federal Court of Canada centered on the question of whether the Court had specific jurisdiction...
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