Legal Updates & News

Burden of Proof in cargo Claims - Supreme Court Decision

The English Supreme Court has recently considered who bears the legal burden of proof in a cargo claim: the carrier or cargo interests?

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LMAA Arbitration success for IY LEGAL and its Shipowner client

IY LEGAL has recently won a LMAA arbitration for a Shipowner and recovered significant damages, interest and costs.  The case involved the wrongful cancellation of a voyage charterparty by a Charterer, very shortly after the fixture was concluded.  The case also included a claim for knock-on freight losses from a subsequent voyage under the MTM Hong Kong principles.

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Force Majeure - obligation to mitigate the consequences of a FM event

The English Commerical Court has re-emphasised when a party relying upon a force majuere event will have to take steps to avoid or mitigate the effects of such event. 

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Oral amendments to a written contract - a new restriction

The Supreme Court has recently considered when a written term in a contract cannot be amended by oral agreement between the parties.  We discuss that noteworthy decision here.

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ICC Arbitration success for IY LEGAL and its coal trading client

IY LEGAL has recently won an ICC Arbitration for a coal trading client, involving the Buyer failing to take delivery of, and pay for, 2 large parcels of coal in a falling market, challenges to jurisdiction and proper law issues.

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Security for Costs - Stopping a claim in its tracks!

The English Court has recently revisited security for costs applications and the circumstances in which these will not be ordered, even if the Claimant might have inadequate funds to meet a costs order in favour of a Defendant.  We discuss the decision in this article.

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IY LEGAL celebrates its 3 year anniversary

IY LEGAL recently celebrated its 3 year anniversary as a Legal Services firm.  We are extremely grateful to all of our clients for their loyal support during that time and we are very pleased that our ‘low cost, high quality’ offering has gone from strength to strength.

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An 'always accessible' berth warranty in a voyage charter; what does that mean for a charterer?

In the recent ‘Aconcagua Bay’ case [2018], the Commercial Court had to consider the meaning and scope of an ‘always accessible’ berth warranty in a voyage charterparty. 

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When is a damaged vessel a 'Constructive Total Loss'; the RENOS decision.

In the recent RENOS case, the Court of Appeal has provided helpful clarification regarding the calculation of total loss of a vessel when an Owner seeks to abandon a badly damaged vessel as a constructive total loss (or a CTL).

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'Subject to Contract' & 'Subject to Board Approval'; what does that mean?

In a recent Commercial Court case, the Judge confirmed the meaning and effect of the phrase 'subject to contract' when used in negotiations and considered what 'subject to board approval' means. 

 

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'Commercial Lawyer of the Year 2018' Award to Andrew Iyer

We are grateful to Corporate LiveWire for choosing Andrew Iyer as their Commercial Lawyer of the Year 2018 in their annual Global Awards.

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'Consent' and the GDPR; can you collect and use an individual's data?

From 25th May 2018, the new GDPR will fundametally change how companies can collect and use an individual's personal data, including online and through website user registered activity.  We discuss what 'consents' UK and EU business shall require.  

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Andrew Iyer is a guest speaker at the 2018 Boatshed Conference

Andrew Iyer was delighted to attend and speak at the 2018 Boatshed Conference, in Hampshire UK

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'Shipbuilding Contracts' - Better terms for Shipowners

IY LEGAL has recenlty been involved in shipbuilding contracts where the yards were persuaded to agree to much improved contract terms for the shipowners, enabling the shipowners to be compensated upon cancellation for late delivery and to bring loss of profit claims.   

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LME's new 'OTC Booking Fee'!

The London Metal Exchange has introduced a new OTC Booking Fee.

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Hurricane Irma. The aftermath!

IY LEGAL has been instructed by one of the Caribbean’s largest yacht charter businesses to advise and assist it in the aftermath of Hurricane Irma.  

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