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Double Insurance and Contribution
Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: the relevant clauses (rateable proportion, excess, escape and other insurance) the diffi...
Knock-for-Knock Indemnities and the Law
This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. In using such clauses, the parties agree that for certain forms of potential liability – typically property damage, personal injury to employees, and sometimes other heads of claim such as consequential loss – any loss arising will be absorbed by the party who suffers it: "you look after your losses, I’ll look after mine." It is an apparently simple, pragmatic and neat solution to the question of who bears liability: a risk allocation model so straightforward that it was described by one experienced English judge, Honorable Mr. Justice Morison, as "crude". A speciali...
Causation in Insurance Contract Law
Causation is a crucial and complex matter in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Now in its second edition, this unique book assists practitioners in answering one of the most important questions faced in the handling of insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to ...
Multiparty and Linked Contracts, Transport Logistics and the Uniform Transport Law
This book introduces legal aspects of business networks in logistics with the example of shippers’ co-operation in cargo bundling, which is the practice of manufacturing and distributing companies (shippers) consolidating cargo before the engagement of a carrier. Shippers agree to co-operate and to detect cargo matching opportunities before shipment. As a result, shippers can organize joint transportation, yielding significant efficiency gains in both logistics and sustainability terms. However, the current legal framework is not adapted to co-operation in cargo-bundling. This book not only clarifies the operation of laws (with the special focus on international uniform transport laws) but...
Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China)
Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim...
The Contract of Carriage
The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier’s liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague–Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal c...
FIDIC Red Book
Written by a member of the FIDIC President’s List of Adjudicators, this detailed and critical commentary on the FIDIC Red Book provides authoritative guidance and recommendations for best practice. Focusing on each Clause of the Condition of Contract, this book identifies pitfalls and logistics issues associated with its enforcement and ancillary processes, to give readers an advantage when operating with the FIDIC Red Book. Intended to promote the best use and growth of FIDIC, this guide will be essential for all users of the FIDIC Red Book, be they contractors, lawyers, engineers, students training to join these industries or any professional involved in the resolution of disputes involving the FIDIC Red Book.
The Law and Autonomous Vehicles
When will we see autonomous vehicles on our roads? The answer is that to some degree, they are already here. Numerous organisations are testing fully autonomous prototypes on public roads in the UK, and even commercially available vehicles already have several ‘quasi-autonomous’ features. KPMG has forecasted that the connected and autonomous vehicles market could be worth as much as £51 billion to the British economy by 2030 and could create some 30,000 new jobs over the same period. Accordingly, the UK and a number of other jurisdictions are already implementing legal reforms with a view to smoothing the path for this technology. Notably, Parliament has passed the Automated and Electri...
Third Party Protection in Shipping
This book examines third party protection in shipping. Today, shipping is not just a part of the supply chain; it is indistinguishable from it. Once at the periphery, third party protection is now a central element of carriage. This matter is addressed by means of analysis of the current legal framework in relation to third parties and an evaluation of how, within this framework, the law applicable to a third party may be uncovered. Third party protection is analysed under the following: the Hague/Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; English law and United States law; and civil law. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in shipping and international trade.
