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24 June 2014

Late Payment of Commercial Debts Act 1998, is interest payable on an arbitration award?

The case of Martrade Shipping v United Enterprises was an appeal to the High Court from an arbitration of various charterparty disputes. The charterparty contained a choice of English law and arbitration in London.

23 May 2014

ORR scrutiny of Network Rail performance

Taxpayers and rail users will soon be able to monitor Network Rail's progress against its regulated outputs and scrutinise the delivery of its multi-billion pound five-year plan for a better railway.

02 May 2014

Burges Salmon appoints new partner in Banking and Finance

Burges Salmon is pleased to announce that it has promoted Rachael Ruane, from the firm’s Banking and Finance team, to partner. The promotion, effective from 1 May 2014, reflects the firm’s continued growth in the Banking and Finance sector.

17 April 2014

Partnering and good faith – what does this mean?

When parties have entered into a detailed contractual arrangement, the court is reluctant to interpret the written terms in a way which might “distort” the bargain they have made. If parties want an obligation of good faith to exist, they need to specifically include one – relying on the label of “partnering” is not enough.

31 March 2014

New role for the European Railway Agency: rolling stock certification and authorisation

On 14 March 2014, the EU Council of Transport Ministers agreed that the European Railway Agency would act as a 'one-stop shop' for safety certification and vehicle authorisation.

20 March 2014

Burges Salmon continues growth with four new partner promotions

Burges Salmon has made up four new partners in the key growth areas of Banking, Employment, Financial Services and Food, Farming and Land.  

14 March 2014

Investigatory reports liable to be used as evidence in subsequent proceedings

In transport industries, accident reports are prepared by independent agencies to investigate the causes of incidents with the aim of avoiding future repetition. A recent decision in the Court of Appeal supports the view that such reports provide valuable independent analysis of the facts and consequently can and should be used in subsequent court proceedings of any type.

29 January 2014

Mayor of London and TfL adverts: not so proud

Core Issues Trust, a Christian organisation whose purpose is to support homosexuals "who voluntarily seek a change in sexual preference and expression", had sought to place an advert on London buses in response to adverts disseminated by Stonewall. The events that followed were the subject of a recent decision by the Court of Appeal which could result in the Mayor of London being added to the proceedings as a defendant.

23 December 2013

Consumer Rights – implications for rail travel

Historically, a very small number of passengers have been known to seek imaginative routes to avoiding full payment for tickets. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give them another option to consider.

04 September 2013

Limits on disclosure required in bus services access litigation

A recent court decision provides a timely reminder of the limits and appropriate use of disclosure remedies in response to a competition claim brought by Arriva against London Luton Airport Operations Limited (LLAOL).

05 August 2013

Office of Rail Regulation's draft determination of Network Rail's outputs and funding for CP5

On 12 June 2013 the Office of Rail Regulation published its draft determination detailing the outputs expected from Network Rail, the funding it will have and the incentives it will face for the next five year regulatory control period (CP5).