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The “B Atlantic” Supreme Court Decision – Attempted smuggling is not a “malicious act”

On 22 May 2018, the Supreme Court published its judgment in the case of the “B Atlantic”.[1] The decision will be of particular interest to owners and operators whose vessels trade to areas where the risk of judicial detention is higher than normal. It highlights the risk that traditional war risks insurance may not respond […]

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Lifting Of Sanctions Against Iran
Lifting of sanctions against Iran – what does it mean for you?   »

In the language of the Joint Comprehensive Plan of Action (JCPOA), the agreement reached between the P5+1 (China, France, Germany, Russia, UK and US), the European Union (EU) and Iran, was that 16 January 2016 was ‘Implementation Day’. Through the JCPOA, the international community has accepted, for the time being, that Iran’s nuclear programme will be peaceful. […]

Mitigation – what happens when the claimant makes money?   »

The New Flamenco What constitutes mitigation has never been easy to assess. The primary rule, that a claimant must take all reasonable steps to mitigate the loss he suffers as a result of the defendant’s breach, is well understood. In short, a claimant cannot recover for avoidable loss. More difficult is the principle governing the […]

OW Decisions Create Uncertainty
OW decisions create uncertainty   »

It is now just over one year since the dramatic collapse of OW Bunker, which has led to considerable hardship for creditor companies and wide-scale legal action. There has been criticism not only of legal judgments handed down in cases arising from the collapse of the company in 2014 and also comparisons between different jurisdictions as […]

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