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...
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...