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Ince is committed to providing clients with regular updates on legislative and industry changes in the form of publications, e-briefs and newsletters.

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News / Thélem’s the breaks: recovering English solicitors’ fees in the Scottish Courts

10-08-2022 / Maritime

Kirkwood v. Thélem Assurances [2022] CSOH 53

A recent Outer House Opinion has provided welcome clarity on the recovery of English solicitors’ fees in the Scottish Courts.

News / Cladding dispute comes to Court: “Everyone else was doing it”

05-08-2022 / Real Estate

Martlet Homes v. Mullaley and Co Ltd [2022] EWHC 1813

The Court has awarded a property owner damages for the defective design and installation of cladding. This is the first time the High Court has dealt with a dispute concerning cladding on a high rise building since the Grenfell Tower disaster.

News / Are your partnership properties being managed properly?

02-08-2022 / Private Wealth, Real Estate

In a recent High Court case, Procter v Procter and others [2022] EWHC 1202, the dispute related to a periodic tenancy a landlord had with three sibling tenants, where one sibling retired from the partnership.

Family estate

News / Court finds extra-contractual counterclaims fell within scope of arbitration agreement

02-08-2022 / Maritime

Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master) [2022] EWHC 1953 (Comm)
This bill of lading dispute raised issues as to whether the Bank financing the purchase of a cargo, and the holder of a switch bill of lading for the cargo, was a party to the arbitration agreement incorporated into the switch bill and, if so, whether certain counterclaims brought by the Owners came within the scope of that arbitration agreement.

The Court agreed with the tribunal’s findings that, once the Court had decided that the Bank was a party to the arbitration agreement, then the counterclaims for reasonable remuneration and quantum meruit came within the ambit of the arbitration agreement, being claims “arising out of or in connection” with the bill of lading contract.

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News / What are the legal implications surrounding surrogacy?

27-07-2022 / Family & Matrimonial, Surrogacy

In recent years, surrogacy has become more prominent, openly talked about and accepted as an opportunity for different family structures to be able to have a child of their own.

News / Party offered reasonably satisfactory security following collision obliged to accept it

20-07-2022 / Maritime

MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander) [2022] EWCA Civ 798

The Court of Appeal has confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it.

cargo ship at sea

News / Ince bolsters London property team

18-07-2022 / Real Estate

Ince is pleased to announce the appointment of Tim Foley, David Sutherland, and Sanna Mir to our London-based property team.

News / Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts

15-07-2022 / Maritime

In an interview published this morning (14 July) in The Hong Kong Maritime Hub, Ince Partner Rosita Lau, MH calls for Chinese businesses to opt for Hong Kong arbitration in their contracts, initiative that requires attention of officials from the highest level.