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Personal injury report 2023: trends and future risks
Our latest report highlights some of the key trends and future risks that we anticipate will shape the personal injury agenda for 2023 and beyond.
Case review 06/03/2023
The widening of a lawyer’s duties to third parties? Ashraf v Lester Dominic Solicitors & Ors considered
There were several interesting cases in 2022 which considered the scope of a lawyer’s duties. 2023 began in a similar vein, with an interesting case in the Court of Appeal around a lawyer’s duties to third parties: Ashraf v Lester Dominic Solicitors & Ors.
The Windsor Framework – cause for optimism for the logistics sector?
On Monday 27 February 2022, UK Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen unveiled the new ‘Windsor Framework’, heralded as a “decisive breakthrough” on the issues that had beset the Northern Ireland Protocol.
SuDs – the long wait for implementation is over
After a delay of 13 years, mandatory sustainable drainage systems (SuDs) in new developments will be implemented via Schedule 3 of the Flood and Water Management Act 2010 (Schedule 3) in 2024.
Emerging cyber risks in the fine art and specie market
Graff Diamonds Ltd, a luxury British jeweller, fell victim to a ransomware attack resulting in a ransom payment of US$7.5 million which it sought to recover from its insurers. Insurers denied cover and Graff went on to sue them. We consider the issues and emerging cyber risks in the fine art and specie market, and provide our recommendations on possible risk mitigation strategies.
The future of construction adjudication
More than 25 years after the introduction of mandatory construction adjudication, we consider its future in light of a recent report by King’s College London.
Case review 23/02/2023
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.
Marine Brief: latest decisions February 2023
In this briefing, we consider some recent decisions covering limitation for economic damage to cargo under the Hague Visby Rules, the use of anti-suit injunctions to overturn a non-English court judgment, and limitation of liability under the Convention on Limitation of Liability for Maritime Claims 1976.
Decarbonisation – new year, new rules
Case review 22/02/2023
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.