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Electronic Trade Documents Bill: briefing note
The Electronic Trade Documents Bill concerns electronic documents used in trade and trade finance that are not considered capable of being (physically) possessed under English law. The aim of the Bill is “to have the same legal recognition and functionality as their paper counterparts”.
Case review 04/26/2023
Insurable interest: a broadened approach or more of the same?
The Court of Appeal’s recent decision in Quadra v XL revisited the meaning of insurable interest under section 5(2) of the Marine Insurance Act 1906. The Court upheld judgment at first instance, adopting a broad interpretation of insurable interest and dismissed insurers’ appeal on all four grounds.
Kennedys continues Legal 500 success with 2023 EMEA rankings
The Legal 500 EMEA 2023 has once again recognised Kennedys as a leading firm across the region.
Ukraine – one year on: the impact on the marine market and a focus on sanctions
On 24 February 2022, Russia escalated the Russo-Ukrainian war by its invasion of Ukraine. As we approach the one-year anniversary of the invasion, we look at how the marine market has been affected over the last 12 months. We also consider the current and anticipated implications of the ongoing war, including the impact of sanctions and the outlook for the next 12 months.
Marine and logistics report 2023: trends and future risks
In this report, we examine the priority topics that insurers in the marine and logistics sectors need to consider to ensure business resilience.
Case review 02/23/2023
The “THORCO LINEAGE” provides clarification of limitation under the Hague Visby Rules
In an important judgment clarifying the construction and application of the limit of a carrier’s liability under Article IV(5)(a) of the Hague-Visby Rules, the Commercial Court (declining to follow an earlier controversial decision in The “LIMNOS” ) held that the limit of liability is to be calculated by reference to the weight of goods which have suffered both physical and/or economic loss.
Case review 02/22/2023
MSC Flaminia provides helpful guidance on the right of a carrier to limit liability
In November 2022, the Admiralty Court was asked to consider whether a charterer was able to limit its liability to the vessel owner under the Convention on Limitation of Liability for Maritime Claims 1976. Due to the number of issues considered, the judgment is a welcome clarification and restatement of the law.
Kennedys responds to call for evidence on Electronic Trade Documents Bill
As the UK Government consults on the proposed legal reform, we consider some of the practical issues that may arise as technological systems compel a renewed approach.
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Navigating the differences in determining Jones Act and Longshore status for defending claims in maritime litigation
At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or a longshoreman, which determination is based on the individual's job duties, the nature of their work, and the specific circumstances under which the individual is employed, is critically important. The Jones Act, 46 U.S.C. § 688, and the Longshore and Harbor Workers' Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., each provide different legal protections and remedies for workers who are injured on the job.