by Editor | Sep 18, 2023 | Customs Issues, STCs, Summaries of Cases
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 | Customs Issues, Summaries of Cases
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...
by Editor | Jul 21, 2023 | Commercial Issues, Conflict of laws, Jurisdiction + Forum, Summaries of Cases
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Ref: Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, appeal of 2022 ONSC 12. Vale Canada, an international mining company, faced environmental degradation...
by Editor | Jul 11, 2023 | Carriage by Sea, Summaries of Cases
John Habergham, Myton Law, Hull U.K. The Court of Appeal has held that the one-year limitation period under Hague-Visby Rules applies to misdelivery after discharge The claimant, FIMBank, had taken a pledge over the bills of lading and cargo as security. It stood in...
by Editor | May 18, 2023 | Carriage by Sea, International Conventions, Summaries of Cases
Felipe Arizon, Arizon Abogados SLP, Spain Ref: Supreme Court Judgment of 14 September 2021. The Supreme Court refuses the cassation appeal presented by the subrogated cargo insurers against the Company that carried out the lashing of the goods into the containers. In...
by Editor | May 12, 2023 | Commercial Issues, Conflict of laws, Insurance, Jurisdiction + Forum, Summaries of Cases
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Ref: Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, appeal of 2022 ONSC 12. Vale Canada, an international mining company, faced environmental degradation...