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19 Mar 2014, 3:31 am by Alexandra Allan
In Cosmotrade SA v Kairos Shipping Ltd (“The Atlantik Confidence”) [2014] EWCA Civ 217, the Court of Appeal reversed the High Court’s first instance decision that English law does not allow constitution of a Limitation Fund by P&I Club Letter of Undertaking. [read post]
1 Jun 2012, 4:45 am
In Sulamerica Cia Nacional de Seguros Sa v Enesa Engenharia SA [2012] EWCA Civ 638, the Court of Appeal found that the decision of Mr Justice Cooke (previously reported here) that an anti-suit injunction in favour of arbitration proceedings was valid would be upheld.At first instance, Cooke J held that the arbitration agreement in question was governed by English, not Brazilian law and that the arbitration clause prevailed over the exclusive jurisdiction clause which specified that… [read post]
3 Dec 2012, 2:17 am by Alexandra Allan
In Amlin Corporate Member Ltd v Oriental Assurance Corp (“The Princess of the Stars”) [2012] EWCA Civ 1341, the Court of Appeal upheld the High Court’s decision to refuse a stay of English proceedings brought by reinsurers pending the outcome of proceedings against the insurers in the Philippines. [read post]
5 Aug 2009, 5:13 am
There have been a number of recent cases considering the jurisdiction of the English courts and the enforcement of foreign arbitration awards. [read post]
11 May 2014, 5:46 am
This is due to the legal principle of vicarious liability, which under English common law was referred to as "respondeat superior. [read post]
20 Apr 2006, 10:45 pm
(via OUT-Law) The English Court of Appeals has finally ruled in the long running case of the Office of Fair Trading v Lloyds TSB Bank & Others [2006] EWCA Civ 268. [read post]
26 Jun 2015, 1:30 pm by Kali Borkoski
This morning the Court issued opinions in Johnson v. [read post]
15 Sep 2011, 12:40 pm by David Lat
– Judge Stephen Dillard of the Court of Appeals of Georgia, in footnote 2 of Orton v. [read post]
12 May 2008, 1:46 am
A non-English-speaking defendant's inability to communicate with the court can lead to an appeal related to foreign language translation and court interpreting issues. [read post]
8 Nov 2018, 1:42 pm by Kent Scheidegger
" I agree.The SCOTUS case is Dept. of Homeland Security v. [read post]