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 | Nov 26, 2023 | Commercial Issues, National Issues
Maurice Lynch and Jason Symons, Mills Oakley, Australia Australia is amid a tumultuous period of cyber upheaval. Last weekend, another large Australian business was exposed to a cyber-attack. Australian businesses must now be thinking “If not now, when?” The attack...
by Editor | Oct 11, 2023 | Commercial Issues, National Issues
John Habergham, Myton Law, Hull U.K. As I prefaced in earlier articles (here and here), The Law Commission has been scrutinising the Arbitration Act 1996 and has now issued its final report after a couple of consultation rounds. As I intimated in my earlier articles,...
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 | Jul 21, 2023 | Case Summaries, Commercial Issues, Conflict of laws, Jurisdiction + Forum
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...