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Perspective - Blog

Speed & Consumption – good weather daze?

Published on 05 Jan 2016.

The High Court of England & Wales has overturned an arbitration Award in a rare appeal on a performance dispute[1].

Perspective - Blog

Anti-suit injunctions – do not delay

Published on 16 Dec 2015.

The recent judgment of the English Commercial Court in Essar Shipping Ltd v Bank of China Ltd[1] has highlighted the importance of applying for anti-suit injunctions swiftly once the dispute arises.

Perspective - Blog

Ballast Water Management Convention likely to come in 2016

Published on 14 Dec 2015.

Three countries, Monaco, Indonesia and Ghana, ratified the IMO Ballast Water Management (BWM) Convention, during the recent IMO Biennial Assembly Meeting, in London.

Perspective - Blog

The "RES COGITANS" – still no relief for shipowners in OW Bunker saga

Published on 30 Oct 2015.

In an eagerly-awaited decision, the English Court of Appeal has unanimously upheld the conclusion of the Commercial Court (itself affirming a decision of London maritime arbitrators) that a bunker supply contract on the OW Bunker terms is not a "contract of sale of goods" to which the Sale of Goods 1979 Act applies[1].

Perspective - Blog

Damages for repudiation of a voyage charter

Published on 11 Sep 2015.

The compensatory principle explored The High Court of England & Wales has reviewed the application of the standard compensatory principle in common law to voyage charters repudiated by their charterers, in an appeal from an arbitral Award[1].

Perspective - Blog

Marine Insurance: Current Good Faith Rules Continue To Cause Blot On The Landscape?

Published on 04 Sep 2015. By Iain Anderson, Partner

We have less than twelve months until insurance contracts written under English law will be subject to the new provisions of the English Insurance Act 2015.

Perspective - Blog

No relief for late commencement of arbitration

Published on 14 Aug 2015.

Once upon a time, if one was unfortunate enough to miss a contractual, as opposed to statutory, time limit for commencing arbitration, relief could be sought and often obtained from the High Court under Section 27 of the Arbitration Act 1950.

Perspective - Blog

When is a sale contract not a sale contract?

Published on 15 Jul 2015.

Most people reading this article would probably say that, even if they could not define a sale contract, they would know one when they saw it.

Perspective - Blog

Not just a question of timing – Supreme Court rules on the assessment of damages for premature cancellation

Published on 14 Jul 2015.

The Supreme Court has held that a party could only recover nominal damages for premature cancellation (repudiation) of a sales contract on GAFTA Form 49[1].

Perspective - Blog

Pushing the (tonnage) limits

Published on 17 Jun 2015.

This update highlights two recent changes in tonnage limits – one international, the other in Hong Kong.

Perspective - Blog

Charterparty arbitration clauses: too much of a good thing?

Published on 29 Apr 2015.

It is a fact of commercial life that, at least with the benefit of hindsight, contracts are not always drafted clearly.

Perspective - Blog

Enforcing jurisdiction agreements in the EU – Brussels casts out "abusive litigation tactics"

Published on 22 Apr 2015.

Disputes over jurisdiction (i.e. where a claim is heard and determined) are commonplace in shipping and international trade.

Perspective - Blog

New Compulsory Marine Liability Insurance Gives Shipowners and their Insurers the Blues

Published on 02 Apr 2015. By Iain Anderson, Partner

The Nairobi International Convention on the Removal of Wrecks 2007 comes into force later this month (18 April 2015 and 17 May 2015 for Malta and Tuvalu respectively, but 14 April 2015 for all other contracting states, including the UK).

Perspective - Blog

Hong Kong expected to introduce mandatory low-sulphur fuel regulations

Published on 12 Mar 2015.

Many vessels currently calling to Hong Kong voluntarily burn low-sulphur fuel, in return for financial incentives under a scheme introduced by the Government in 2012.

Perspective - Blog

An uncharacteristic appeal: Ocean Victory decision reversed

Published on 24 Feb 2015.

Charterers (and their insurers) concerned by the first instance decision in The "Ocean Victory" may rest a little easier following the successful appeal which saw Daiichi Chuo overturn a judgment of over US$130 million against them.

Perspective - Blog

Cocaine Haul Leads to Limitations on War Risk Exclusion

Published on 23 Dec 2014.

It is a sad fact that drug traffickers like to use ocean-going vessels to help them move their product.

Perspective - Blog

Singapore High Court allows extension of time in collision case despite multiple opportunities to arrest.

Published on 15 Dec 2014.

Following a collision between ORINOCO STAR and MELODY in Nigerian waters on 20 June 2011 and subsequent unsuccessful settlement negotiations between the parties, owners of the vessel MELODY issued a writ and proceeded to arrest ORINOCO STAR on 6 December 2013.

Perspective - Blog

OW Bunker update – Hong Kong company applies for winding-up

Published on 24 Nov 2014.

Hong Kong Court records available publicly today show that a Petition was presented last Friday to wind up O.W. Bunker China Ltd (a Hong Kong company).

Perspective - Blog

Bunker disputes – Bankruptcy of OW Bunker A/S and associated companies

Published on 19 Nov 2014.

We are receiving numerous enquiries regarding the fallout from the bankruptcy of OW Bunker A/S and certain associated companies.

Perspective - Blog

Container weight fraud

Published on 14 Nov 2014.

Container weights is a hot topic at the moment, with the IMO set to introduce new requirements for the verification of container gross mass.

Perspective - Blog

Court rejects "capital" punishment

Published on 07 Nov 2014.

Appeal considers relevance of ship sale following early redelivery

Perspective - Blog

AIS assisted collisions

Published on 06 Nov 2014.

The term "VHF assisted collision" is not new.

Perspective - Blog

New Safety and Health Guidelines to Protect Seafarers

Published on 06 Nov 2014.

The International Labour Organisation has agreed guidelines to assist governments in implementing occupational safety and health provisions previously set down in the Maritime Labour Convention 2006.

Perspective - Blog

Hong Kong's top court confirms loss of cover

Published on 03 Nov 2014.

The importance of complying with insurance warranties

Perspective - Blog

Key considerations crime and D&O insurers cannot a-fraud to ignore

Published on 15 Nov 2023. By James Wickes, Partner and Jessica Pease, Associate

The UK government is committed to reforming corporate criminal liability and making it "quicker and easier" to prosecute companies involved in fraudulent conduct. These reforms will no doubt be welcomed by many where the nature and scale of fraud in the UK has evolved significantly and now constitutes more than 40% of all offences in England and Wales. However, it will inevitably have an impact on insurers, especially the D&O insurance market.

Perspective - Blog

Overview of the key risks affecting the Professional and Financial Risks market

Published on 11 Oct 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Scott Ashby, Partner and Graham Reid, Partner and Richard Breavington, Partner and Ben Goodier, Partner and Tom Green, Partner and Laura Stocks, Partner and Kirstie Pike, Partner and Robert Morris, Partner and Tom Wild, Senior Associate

Last month RPC's Professional and Financial Risks team hosted a panel discussion to address the evolving challenges and responsibilities faced by professional clients in the current economic landscape. Access our document to explore the key insights from the session.

Perspective - Blog

What the fix?! Get up to speed in 10 minutes with our new video

Published on 29 Sep 2023. By Shauna Giddens, Associate and Scott Robins, Associate and Chris Gower, Associate and Aimee Talbot, Knowledge Lawyer

The first video in our new Getting Up To Speed series is now available below.

Perspective - Podcast

The Month That Was – June 2023 – Equity Release – the next emerging risk?

Published on 27 Jun 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Perspective - Blog

The Building Safety Act 2022: a guide for conveyancers

Published on 26 Jun 2023. By Rhian Howell, Partner & Head of Office, Bristol and Daniel Charity, Associate

We explain below how the BSA is intended to protect leaseholders, what steps solicitors can take to ensure purchasers and lenders are protected and what to do if that protection cannot be obtained.

Perspective - Blog

Duties to third party investors in tax avoidance schemes following McClean

Published on 20 Jun 2023. By Nick Bird, Partner

We analyse the Court of Appeal's recent decision in David McLean and others v Andrew Thornhill KC in which the court considered the circumstances in which duties are owed to non-clients in the context of legal advice made available to investors in tax schemes.

Perspective - Blog

What the fix?!

Published on 15 May 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Aimee Talbot, Knowledge Lawyer

Fixed recoverable costs in professional negligence claims: new rules applicable from 1 October 2023

Perspective - Blog

Wasted costs – some comfort for legal professionals

Published on 09 May 2023. By Nick Bird, Partner

In its recent judgment in Anthony King and others v Barry Stiefel and others the Commercial Court has considered the circumstances in which wasted costs orders can be made against the legal representatives of a defeated party to a claim. The court dismissed the applications saying that wasted costs applications should only be made in respect of straightforward applications which can be dealt with summarily.

Perspective - Podcast

The Month That Was – May 2023 – Developments for Directors and Officers liability

Published on 04 May 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Perspective - Blog

Costs recovered in the Small Claims Track from an unreasonable Litigant in Person

Published on 24 Jan 2023. By Rhian Howell, Partner & Head of Office, Bristol and Daniel Charity, Associate

Most (if not all) litigators will be familiar with the challenge of being on the other side of a claim brought by a litigant in person ("LiP"). The courts expect practitioners to be sensitive to their opponent's lack of legal expertise and familiarity with court rules, but judges have also been clear that they expect all parties – including LiPs – to follow the rules regardless of their legal representation.

Perspective - Blog

SRA issues Warning Notice on solicitors' involvement in SLAPPs

Published on 20 Dec 2022. By Graham Reid, Partner

SLAPPs (aka 'Strategic Lawsuits Against Public Participation') is a term coined in the USA. They are becoming the object of increasing concern over here too.

Perspective - Blog

Invest in due diligence for dubious schemes (Part 2)

Published on 24 Nov 2022. By Simy Khanna, Partner

With suspicious activity on the rise, the SRA remind firms of their anti-money laundering obligations.

Perspective - Blog

Beware the client who is too busy to litigate

Published on 23 May 2022. By Will Sefton, Partner and Head of Professional and Financial Risks and Tom Morris, Associate

Clients need to understand from the outset of litigation not only how significant the cost of litigation can be, but also the time commitment.

Perspective - Blog

FOS proposals to clear the back-log - attractive or not?

Published on 18 Oct 2021. By Cory Gilbert-Haworth, Associate and Rachael Healey, Partner

The Financial Ombudsman Service (FOS) has proposed a temporary approach to the classification of certain complaints in an attempt to alleviate their complaints backlog exacerbated during the COVID-19 pandemic. The approach could see firms looking to pro-actively resolve complaints before a defined cut off date before FOS reaches a decision so that the complaint is recorded separately and not as a "change in outcome" (i.e. where a complaint has been rejected by a business and upheld by FOS). The consultation was open for a short two-week period between 4 and 18 October 2021.

Perspective - Blog

A tale of loss, limitation and a flawed transaction: why a loss may not feel like a loss

Published on 28 May 2021. By Peter Mansfield, Partner

A recent Court of Appeal decision, Elliott v Hattens [2021] Civ 720, has once again raised the vexed issue of when the limitation period starts to run in a flawed transaction case. Does it start running immediately or at some later date? .

Perspective - Blog

800 DB Transfer complaints to the FOS: A 44% increase in one year

Published on 01 Mar 2021.

The FOS have seen the number of complaints relating to defined benefit transfer advice increase by 44% since 2019. However, the proportion of decisions being upheld appears to have fallen.

Perspective - Blog

SMCR: an effective deterrent?

Published on 05 Nov 2020. By Shauna Giddens, Associate

The Senior Managers & Certification Scheme (SMCR) was introduced in early 2016 to establish "effective governance in firms by encouraging greater individual accountability". However, following a response to a recent Freedom of Information (FOI) request, questions have been raised as to its effectiveness as a deterrent.

Perspective - Blog

Part 36: avoid a storm, use the form!

Published on 23 Sep 2020. By Harriet Keltie, Senior Associate and Will Sefton, Partner and Head of Professional and Financial Risks

Pepperall J's impressively clear judgment in Essex County Council v UBB Waste (2020) makes it abundantly clear that, when it comes to Part 36 Offers, the rules are strict. If litigants wish to reap the significant rewards of this regime, the price they must pay is to ensure they (or their solicitors) follow the rules on how offers should be made.

Perspective - Blog

Invest in due diligence for dubious schemes

Published on 26 Aug 2020. By Claire Revell, Partner

The SRA provides updated guidance for firms to avoid becoming involved in dubious investment schemes.

Perspective - Blog

Where there's a will there's a remote possibility of a way

Published on 03 Aug 2020. By Simon Love, Senior Associate and Will Sefton, Partner and Head of Professional and Financial Risks

In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.

Perspective - Blog

Is more co-operation the new normal?

Published on 07 Jul 2020. By Jonathan Wyles, Of Counsel

What keeps you as a lawyer awake at night during the coronavirus pandemic? The list is likely to be very long and the fear of making a mistake will be close to the top. Help may come from some unexpected quarters such as the Courts.

Perspective - Blog

Relief from sanction: claimant being forced to pursue his solicitors for negligence is not desirable

Published on 23 Jun 2020. By Aimee Talbot, Knowledge Lawyer and Will Sefton, Partner and Head of Professional and Financial Risks

A recent High Court decision demonstrates a common-sense, realistic approach to relief from sanctions. Solicitors might have become used to judges, when striking claims out, reassuring the claimant that they can always sue their solicitors for negligence. In a welcome judgment, Mr Justice Fancourt reversed a decision to refuse relief from sanction.

Perspective - Blog

Judicial guidance on listing of hearings remotely

Published on 22 Apr 2020. By Rhian Howell, Partner & Head of Office, Bristol and Aimee Talbot, Knowledge Lawyer

Senior judges have issued guidance to the judiciary on listing hearings in light of the current coronavirus situation. This gives litigants some clues as to how the court will approach upcoming hearings.

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Dea Gagoshidze

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Perspective - Publication

The Week That Was – 28 June 2024

Published on 28 Jun 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Perspective - Publication

The Week That Was – 21 June 2024

Published on 21 Jun 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.