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06 May 2016
Issue: 7697 / Categories: Case law , Law digest , In Court
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Shipping

Shipowners’ Mutual Protection And Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret AS [2016] EWCA Civ 386, [2016] All ER (D) 141 (Apr)

The Court of Appeal dismissed an appeal by charterers of a grounded vessel against a judge’s decision granting the insurers of the owner’s vessel an anti-suit injunction to restrain the continuance of proceedings brought in Turkey against the insurer of the vessel (the club) by the charterers. The court considered the juridical nature of a Turkish statute which gave a victim the right to sue a defendant’s insurer directly without first suing the insured. The judge had taken account of all the matters and had concluded that the proceedings in Turkey would be oppressive and vexatious because they would infringe the club’s contractual right, in circumstances where the club’s terms provided for London arbitration and that the club would only be liable if the owner had paid the claims against it. That was not an exercise of discretion which could be faulted.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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