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Article 10-04-2019
US Supreme Court adopts new rule for maritime manufacturer’s duty to warn obligation
The US Supreme Court has announced a new rule in maritime tort cases for determining when manufacturers of maritime products and equipment must provide a warning of potential danger due to third party parts incorporated into the product or used in connection with the product.
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News 28-03-2019
Kennedys breaks new ground by forming associations in Central America and the Caribbean
We are pleased to confirm that we have become the first international law firm to establish a presence in each of the Dominican Republic, Guatemala and Panama as we continue to increase our global footprint through three new Associations.
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Case review 08-03-2019
Forwarding charges and the rule against set-off
"That a claim in respect of cargo cannot be asserted by way of deduction from the freight, is a long established rule in English law". This “long established rule” has served carriers since at least the beginning of the 19th century and has been approved by the courts since then. More recently, it has been extended to modes of transport other than ocean carriage.
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News 20-02-2019
Kennedys continues rankings success with Asia Pacific directory results
We are pleased to announce that the publication of the 2019 editions of legal directories covering Asia Pacific has seen us continue recent rankings success.
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Article 08-02-2019
Supply chain networks and Brexit
If no deal is struck or a hard Brexit achieved, it can be anticipated that, at least initially, there will be a degree of disruption as the borders try to cope with the new (and likely increased) procedures.
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Case review 18-01-2019
NSW Court of Appeal provides guidance on common law test for rectification
The New South Wales Supreme Court of Appeal has handed down its decision in the matter of Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2018] NSWCA 342. The decision provides authority in relation to the equitable remedy of rectification, the common-law test for loss and costs.
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Article 13-12-2018
BIMCO issues new bunker clauses in advance of the 2020 sulphur cap
From 1 January 2020, the International Maritime Organisation (IMO) will enforce a new 0.5% global sulphur cap on marine fuel – which is lower than the present limit of 3.5%.
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Case review 12-12-2018
Volcafe decision examined from UK and US perspective
Volcafe provides the first authoritative analysis of the burden of proof under the Hague and Hague-Visby Rules. The decision by the Supreme Court overturned The Glendarroch [1894], rejected dicta previously thought to be authoritative and places a legal burden on the carrier to disprove causative negligence.
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Article 12-12-2018
Vine to wine, and the fire in between – the growing insurance implications of the California wildfires
2018 has been another year of devastating wildfires in California. The November 2018 Camp Fire was reported as the deadliest and most destructive in the state’s reported history, and the July 2018 Mendocino Complex fire was reported as the state’s largest.
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Article 11-12-2018
Logistics providers beware! In transit financing agreements may result in a loss of protections
Kennedys CMK is seeing an increased use of “imported goods agreements” (IGAs) in the US, under which the customers of logistics providers are able to secure in transit trade financing.