Legal Briefing

A frustrating accident? Bunge SA v Kyla Shipping 
Co Ltd [2012] | Edwards Wildman Palmer UK LLP

The doctrine of frustration was developed in Taylor v Caldwell (1863). In that case, the plaintiff had agreed to hire a music hall for concerts on four specified evenings. A fire destroyed the music hall before the concerts took place. The 
plaintiff sought damages from the owner 
of the hall on the basis that he …

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Co Ltd [2012]”

Revisiting Bartoline | Macfarlanes

The decision in Bartoline v Royal Sun Alliance [2006] has some commentators arguing that the door has effectively been shut on recovering environmental liabilities under public liability (PL) policies. This article examines whether this is true; it looks at the legal principles in Bartoline, its impact on the environmental insurance market and the likely future …

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IPR enforcement on the internet: some useful guidelines | Rouse

Most established brand owners have long been savvy at intellectual property (IP) protection and enforcement when they find their intellectual property rights (IPR) infringed, whether it’s through unauthorised use of their trade marks or infringement of their copyright or design rights. 


Rent in administration proceedings: a headache for landlords | Druces LLP

An important area of insolvency law – the liability of a company in administration to pay the rent under the lease of its premises – which until recently had been relatively clear and straight forward, is currently in an unsatisfactory state. This was not always the case, as, until quite recently, landlords and administrators could …

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Case report: JP Vishnu Kumar v Canara Bank PN Road, Tiruppur & ors | Amarchand Mangaldas

In the case of JP Vishnu Kumar v Canara Bank PN Road, Tiruppur & ors [2013], the Honourable Supreme Court of India had recently held that powers of the High Court under Article 2261 of the Constitution of India cannot be invoked in the matter of recovery of dues under the Recovery of Debts Due …

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Global legislative update and recent developments | Magrath Sheldrick LLP

Immigration reform has been on president Obama’s agenda since he was first elected president, and he is optimistic that comprehensive legislation will be passed by the end of 2013, if not before.


The calm before 
the storm: are 
you prepared for 
a dawn raid? | WilmerHale

The start of a dawn raid is often the first time a company or individual learns that they are the subject of an investigation. Knowing what to do during the first minutes of a dawn raid is vital. Ensuring that a company’s receptionist, employees and senior management all know what role they have to play …

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the storm: are 
you prepared for 
a dawn raid?”

It’s a new dawn, it’s a new day | Arnold & Porter (UK) LLP

Recent decisions of the EU Courts once more show that the way undertakings respond to dawn raids can have a significant impact in terms of fines. At the same time they also clarified the rights of companies being investigated. The European Commission in its turn recently revised its explanatory note on inspections.1 It is therefore …

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International shipment of waste: transporters beware | Burges Salmon

As European society has grown wealthier, it has created more and more resource management challenges and opportunities. Each year in the EU alone we produce three billion tonnes of waste – some 90 million tonnes of it hazardous. This amounts to about six tonnes of solid waste for every man, woman and child1. The processing …

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Court of Appeal provides useful guidance on the 
test for remoteness 
of damages for 
breach of contract | Edwards Wildman Palmer UK LLP

Generally speaking, a two-step procedure will be adopted in determining what damages will arise from a breach of contract. First, the courts will need to consider what loss has been suffered. Secondly, they will consider whether 
any of those losses suffered are too 
remote to be recoverable. It is this second test of ‘remoteness’ that …

Continue reading “Court of Appeal provides useful guidance on the 
test for remoteness 
of damages for 
breach of contract”