by Editor | Nov 22, 2024 | Carriage by Sea, Case Summaries
John Habergham, Myton Law, Hull U.K. This matter reached our highest appellate court, The Supreme Court. I discussed the Court of Appeal decision in July 2023 – see the previous article on this website for the background. In short, the Supreme Court upheld the...
by Editor | Sep 15, 2024 | Carriage by Sea, Case Summaries
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Netherlands – Coverage dispute, soybeans shipped from Brazil to Finland arrive moldy. Coverage denied, mold damage not the result of an uncertain occurrence, as well as exclusion for inherent...
by Editor | Sep 5, 2024 | Carriage by Road, Carriage by Sea, Case Summaries, National Issues
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Rotterdam District Court dated 26 June 2024 in the proceedings between FN Global Meat B.V., claimant and DLG Overseas Logistics & Services B.V., defendant. The Netherlands...
by Editor | Aug 29, 2024 | Carriage by Road, Carriage by Sea, Case Summaries, International Conventions, Jurisdiction + Forum
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Vienna Sales Convention- applicability of general terms and conditions; failure to comply with duty to investigate (Art. 38) and Duty to Complain (Art 39) Ref: Judgment of the Den Bosch Court of...
by Editor | Feb 14, 2024 | Case Summaries, Commercial Issues
Paul Bugden, Bugden + Co., London Ref: Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6 This extremely important recent decision of the UK Supreme Court case raised, amongst other issues, some fundamental questions in applying the tort of...
by Editor | Jan 30, 2024 | Case Summaries, Commercial Issues
John Habergham, Myton Law, Hull U.K. It had been said in the past that it was a party’s constitutional right to be heard at trial to resolve a dispute. No longer. The right to trial was the thrust of one the hitherto leading authorities as to whether ADR or mediation...
