Ince Gordon Dadds Emergency Response +442072836999
Ince is committed to providing clients with regular updates on legislative and industry changes in the form of publications, e-briefs and newsletters.
Energy & Infrastructure The Smart Bulletin October 2019
08.10.2019 |Energy & infrastructure
We are pleased to share with you the latest edition of the Ince Smart Bulletin. Our aim is to keep those working in the Energy & Infrastructure sectors up-to-date with relevant legal developments.
Force majeure clauses, “but for” causation and the compensatory principle
08.10.2019 |Energy & infrastructure
In the recent case of Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1002 the Court of Appeal has upheld a Commercial Court decision on the interpretation of the causation requirement in a force majeure clause in a long-term contract of affreightment.
Direct payments to sub-contractors and the routes to recovery
08.10.2019 |Energy & infrastructure
In Nobiskrug GmbH v Valla Yachts Limited [2019] EWHC 1219 (Comm), the Commercial Court considered the attempt of an owner to recover payments that it had made directly to a third party supplier (that had contracted with the yard) during the construction of a superyacht.
Clarification of the test for rectification for common mistake
08.10.2019 |Energy & infrastructure
The Court of Appeal clarifies test for rectification for common mistake in FSHC Group Holdings ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361.
Get your ducks in a row – bring all elements of a claim together
08.10.2019 |Energy & infrastructure
In the judgment in Zavarco PLC v Tan Sri Syed Mohd Yusof Bin Tun Syed Nasir, Chief Master Marsh held that the High Court had no jurisdiction to deal with the claim before it; the claimant’s cause of action merged in a judgment and order made in proceedings brought in 2016 (the “2016 Proceedings”). As such, the claimant’s cause of action had been extinguished.
New BIMCO Cyber Security Clause
08.10.2019 |Energy & infrastructure
With the increasing digitisation and use of information technology in the world today, the chance of becoming a victim of a cyber-attack is greater than ever. The energy industry is particularly susceptible as it seeks to increase the automation of processes in the interests of efficiency, safety and reducing the potential impact of human operational errors.
“What we've got here is a failure to communicate”
08.10.2019 |Energy & infrastructure
In the absence of a legally enforceable agreement a party can claim a quantum meruit, which is Latin for “what one has earned”, but the circumstances in which this might be claimed may well be limited.
08.10.2019 |Energy & infrastructure
When it comes to legal proceedings to resolve disputes, there are two concerns uppermost in the minds of parties: costs, and enforceability of the outcome.
To view articles by sector and or location or to search within articles please use the options below
Sign-up to receive news alerts and updates across the range of our sectors and expertise.
Submit enquiry