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Case review 08/03/2019
"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.
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.
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.
Case review 18/01/2019
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  NSWCA 342. The decision provides authority in relation to the equitable remedy of rectification, the common-law test for loss and costs.
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%.
Case review 12/12/2018
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 , rejected dicta previously thought to be authoritative and places a legal burden on the carrier to disprove causative negligence.
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.
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.
On 27 September 2018, the International Association of Classification Societies published nine of its 12 recommendations on cyber safety in a bid to highlight the cyber resilience requirements of ships throughout their operational lives. The remaining three recommendations will be released in Q4 of 2018.
Case review 31/10/2018
On 12 October 2018 the Commercial Court handed down judgment in the Mamancochet Mining case.