27 research outputs found
Broker’s liability for premiums – hitting the right notes?
No full textThe Law Commissions’ Insurance Contract Law consultation is due to be closed on 20 March 2012. Ms Adebowale Awofeso discusses the Law Commissions’ proposals as to reforming the broker’s liability for premiums, and whether such reforms are welcom
Soufflet Negoce v Bunge SA [2009] EWHC 2454 (Comm). Readiness to load – GAFTA form 49 clause 9 – Notice of readiness (NOR)
No full textThe facts The contract was for the sale of 15,000 tons of feed barley, FOB Nikotera, Ukraine; delivery 9-22 October 2006 at buyers’ call; weight and quantity to be final as issued by a GAFTA approved surveyor. Terms were provided as to laytime, demurrage or despatch, with laytime to commence upon issue of a valid notice of readiness. The sale contract also incorporated the GAFTA form No 49.<br/
Law Commissions’ reform proposals on marine and commercial insurance – “yay” or “nay”?
No full textIn April 2013, a symposium organised by the Institute of International Shipping and Trade Law, Swansea University, on the recent Law Commissions’ reform proposals on businessinsurance, shed some light on the views of the main stakeholders in the market, and what direction the Law Commissions are likely to take. The symposium covered the June 2012 consultation paper on the Business Insured’s Duty of Disclosure and the Law of Warranties, as well as the December 2011 consultation paper on Post Contract Duties and other Issue
The Law Commission's proposals on broker liability for premiums: hitting the right notes?
No full textFive Oceans Salvage Ltd v Wenzhou Timber Group Co (The 'Medea K') [2011] EWHC 3282 (Comm)Arbitration – whether arbitrator functus officio
No full textApplications were made by the claimants, Five Oceans, to the court, under sections 32 and 68 of the Arbitration Act. The defendants were not represented
Marine insurance brokers and payment of premium. The Law Commission's issues paper
No full textA Law Commission consultation paper on broker’s liability was published in July 2010, seeking opinion as to whether s53 of the Marine Insurance Act 1906 is still needed in today’s insurance market and welcoming responses by 19 October 2010. The paper analyses the common law custom and fiction surrounding s53(1), the conflicting case law it has generated, and s53(2). The position outside of s53 is also examined, followed by the case for and against reform
New laytime and demurrage considerations under sale contracts
No full textThe recent case of Profindo Pte Ltd v Abani Trading Pte Ltd [2013] SGHC 10 (Comm) seems to have found, and filled, a gap in the law on sale contract demurrage clauses, and is worth exploring. Where laytime is interrupted during unloading, absent fault from either party, how is demurrage to be calculated between buyer and seller? Is laytime to be suspended during unloading or otherwise? It is worth noting that the parties were in agreement that the variances between cif and cfr contracts were immaterial for the purposes of the appea
Reino Unido
No full textInglaterra: Avances en Derecho Maritimo en 2012: legislacion, jurisprudencia y bibliografi
Diversion, not detention
No full textThe growing consensus in the UK is that offenders with mental health disorders should be diverted away from custody and into alternatives. Victor Adebowale makes suggestions for a more coherent policy of diversion. Copyright (c) 2010 The Author. Public Policy Research (c) 2010 ippr.
