A charterparty frequently contains a 'cesser clause', providing that the charterer's liability under the charterparty is to cease as soon as the cargo is shipped1. Such a term is valid2, but its effect varies according to the language in which it is framed3. Whatever form the term may take, the exemption as regards future liabilities arising after the loading appears to be absolute4. As regards antecedent liabilities, the cesser of liability depends on the wording of the clause. The clause may expressly deal with such liabilities; it may provide that the liability in respect of them is to continue5
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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