The burden of proving unseaworthiness rests on the shipper or other cargo-interest bringing a cargo-claim against the carrier1. The fact that the ship admits water or sinks shortly after putting to sea, without there being any storm or other external factor to account for her condition or loss, is prima facie evidence of unseaworthiness, and shifts to the shipowner the evidential burden of showing some other cause
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Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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