News and thought leadership
Subscribe to our latest updates, reports and upcoming events. Subscribe >
Showing 1 - 10 of 358
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.
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.
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.
Logistics: Bite-Size Insights - February 2023
In this latest edition of Logistics: Bite-Size Insights, we explore an upcoming review of the liability to pay excise duty under the CMR, provide an update from Mexico, consider new requirements for consignors of dangerous goods and provide a reminder of the application of the no set-off rule in freight contracts.
Case review 20/02/2023
The no-set off rule in freight contracts – where are we?
In a claim for recovery of sums due under invoices relating to the carriage of goods by road, the court held that the governing contract was more akin to a hire contract than one for freight. The no set-off rule was therefore not applicable to the defendant’s counterclaim.
Case review 15/02/2023
One to watch – Supreme Court to consider 45 year old judgment on payment of excise duty under the CMR
On 28 February 2023, in the case of JTI POLSKA Sp. Z o.o. and others v Jakubowski and others, the Supreme Court will be reviewing the House of Lords’ judgment in James Buchanan & Co. Ltd v Babco Forwarding & Shipping (U.K.) Ltd  regarding the liability to pay excise duty under the CMR.
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.