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Chancery Court Louise Glover Chancery Court Louise Glover

Associated British Ports v Tata Steel UK Ltd [2017]

“The arbitration clause contained in a licence agreement between ABP and Tata was held to be valid according to s. 9 of the Arbitration Act 1996. The agreement provided for renegotiation in case of "major... change in circumstances" and arbitration in case parties failed to agree on new terms. The Court held that the arbitration clause was sufficiently certain to be binding.”

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Commercial Court Louise Glover Commercial Court Louise Glover

Kyokuyo Co Ltd and A.P. Moller - Maersk A/S trading as "Maersk Line" [2017]

“The Court stated that the Hague-Visby Rules apply not only to contracts of carriage covered by bills of lading but also when waybills are issued instead. The Court also held that Article IV.5(c) of the Hague-Visby Rules does not require enumeration of the cargo inside a container, pallet or similar article of transport "as packed", being sufficient that the number of units or packages is exactly stated in the bill. Here the cargo consisted of unpackaged tuna loins identified as "units" for the purposes of the Rules. “

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Court Louise Glover Court Louise Glover

Marathon Asset Management LLP and Another v James Seddon & Qrs [2017]

“An illustration of the principle that a claimant recovering only nominal damages has really 'lost so that the Court will approach costs on the basis that the defendant is really the successful party; in this case the claimant was required to pay a percentage of the defendants' costs plus interest at 2% above base rate, from the time solicitors' fees were paid.”

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Admiralty Court Louise Glover Admiralty Court Louise Glover

Nautical Challenge Ltd V Evergreen Marine (UK) Ltd [2017]

“The Admiralty Court ruled that a vessel exiting the channel (of a UAE port) bore 80% responsibility for a collision with an entering vessel. The former had failed to navigate on the starboard side of the channel, to keep a proper lookout or develop a safe speed or take avoiding action. The latter, although it failed to keep a proper aural lookout, nevertheless maintained a safe speed and took immediate avoiding action. “

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Arbitration Louise Glover Arbitration Louise Glover

(2017) 972 LMLN 2— London Arbitration 9/17

“After discharge operations in Chittagong were interrupted for 6.62 days due to a strike by barge labourers, it was held that laytime continued to run in full during the strike even though Owners did not provide notice of the strike to Charterers as required by the General Strike Clause (Gencon 94), since both Owners and Charterers were fully aware of the strike's existence.”

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