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...
by Editor | Oct 24, 2023 | Carriage by Road, Case Summaries, International Conventions
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Gelderland District Court dated 28 June 2023 in the proceedings between HDM N.V., plaintiff in the main action, defendant in the counterclaim proceedings and Addink Distributie...
by Editor | Oct 4, 2023 | Case Summaries, Commercial Issues, International Conventions, Principal + Agent
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Zeeland – West-Brabant District Court dated 14 December 2022 in the proceedings between Achmea Schadeverzekeringen N.V., plaintiff and Bleckmann Nederland B.V., defendant sub 1...
by Editor | Sep 21, 2023 | Carriage by Sea, Case Summaries, International Conventions
John Habergham, Myton Law, Hull U.K. This case is about tonnage limitation under the 1976 Convention of Limitation of Liability for Maritime Claims. MSC was the time charterer of the vessel MSC Flamina and was the appellant from an order of the Admiralty Judge that it...
by Editor | Sep 18, 2023 | Case Summaries, Customs Issues, STCs
Charlotte Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Judgment of the Rotterdam District Court dated 28 July 2023 in the proceedings between Bayrol Deutschland GmbH, plaintiff in the main action, defendant in the (conditional) counterclaim...
by Editor | Aug 25, 2023 | Case Summaries, Customs Issues
John Habergham, Myton Law, Hull U.K. The Supreme Court has revisited the issue of recovery of excise duty in claims involving CMR It has maintained the existing position and slapped down an earlier Court of Appeal decision which seemed to form the basis of the...