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Contributions by 4 Pump Court

7

Challenging an expert’s determination
Practice notes

This Practice Note provides guidance on when you can challenge an expert’s determination and when you can set aside an expert determination. It does so in the context of mistakes of fact, mistakes of law, departing from instructions, failure to give reason and the failure to follow the rules of natural justice and bias.

Differences between adjudication and other forms of dispute resolution
Practice notes

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert determination.

Making a jurisdictional challenge in an adjudication
Practice notes

This Practice Note addresses whether a jurisdictional challenge can be made in an adjudication and, if so, when the challenge to the adjudicator’s jurisdiction should take place and how to deal with it. It also looks at waiver/reservation of jurisdiction objections, approbation and reprobation (asserting two inconsistent positions), procedures in the Technology and Construction Court relevant to jurisdictional challenges (applications for declarations etc), and whether an adjudication can be stayed (stopped) pending the challenge.

Scott Schedule—damages
Precedents

This Precedent is a ‘Scott Schedule’ which can be used in relation to a damages claim in order to set out the key issues between the parties in a construction dispute.

Scott Schedule—defects
Precedents

This Precedent is a ‘Scott Schedule’ which can be used to set out the key issues between the parties in relation to a construction dispute regarding defects in the works.

Scott Schedule—delay
Precedents

This Precedent is a ‘Scott Schedule’ which can be used to set out the key issues between the parties in relation to a construction dispute regarding delay to completion of the works.

Contributions by 4 Pump Court Experts

11

Bailment
Practice notes

This Practice Note provides a working definition of bailment and practical tips. It discusses modern commercial bailment, how bailment is created, the bailor and bailee and obligations arising between them. Bailment under contract is outlined, together with limitation of liability and incorporation of terms in bailment contracts. Bailments arising in hire purchase agreements, pawn and pledge arrangements, the hospitality industry and international transport are briefly discussed. Non-contractual bailment is introduced and issues with mistaken deliveries and uncollected goods are outlined. Bailment disputes, remedies and actions against third parties are introduced. Tips in relation to pleading bailment are provided.

Bills of lading and sea waybills
Practice notes

This Practice Note explains the law and practicalities relating to bills of lading and sea waybills in the context of an arrangement for the carriage of goods by sea. It explains the differences between bearer bills, order bills and sea waybills and explains how the functions of the bill of lading as a receipt, document of title and contractual document. The Practice Note also explains who the parties to the contract of carriage are and their interplay with third parties and how a transfer of rights under the documentation may be achieved.

Brussels I (recast)—exclusive jurisdiction (art 24)
Practice notes

This Practice Note explains Article 24 of Regulation (EU) 1215/2012 (Brussels I (recast)) which gives the courts of an EU Member State exclusive jurisdiction; irrespective of the defendant’s domicile or any contrary party agreement. The Practice Note covers claims involving immovable property (Article 24(1)), a company’s constitution/corporate governance and validity of actions (Article 24(2)), public registry entries (Article 24(3)), IP rights (Article 24(4)) as well as all proceedings involving the enforcement of judgments (Article 24(5)). This Practice Note includes discussion of the application of Article 24 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

Carriage of goods by air
Practice notes

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.

Carriage of goods by rail
Practice notes

This Practice Note provides a summary of the law relating to the carriage of goods by rail as provided for in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). It explains the scope of application of CIM, the contract of carriage under CIM, how liability is apportioned under CIM, time bars and jurisdiction.

Carriage of goods by road
Practice notes

This Practice Note considers the regimes covering carriage of goods by road both in the UK with no international element and also overseas where there is an element of international carriage of goods under the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention). It explains the liability of the carrier and measure of damages at common law, and the interplay with widely used hauliers’ standard terms. The CMR convention is explained, an explanation of multimodal transport is provided and limitation of liability, jurisdiction and time bars under the CMR Convention are also discussed. The Practice Note also provides an introduction to the consignment note, liability for loss or delay in transit and the defences available to the carrier.

Carriage of goods by sea—charterparties
Practice notes

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key features of voyage charters, time charters, bareboat charters and slot charters and the damages for breach of charter in relation to each type. It also considers issues of piracy, incorporation of charterparty terms into bills of lading, incorporation of charterparty terms into letters of indemnity, international regulation of carbon dioxide and GHG emissions and bribery within the context of charterparties.

Carriage of goods by sea—the Hague-Visby Rules
Practice notes

This Practice Note explains the Hague-Visby Rules which are an international convention enacted into English law by the Carriage of Goods by Sea Act 1971 (CGSA 1971) whose purpose is to regulate some of the most important rights and obligations under bills of lading for carriage of goods by sea. The Practice Note covers the scope of the Hague-Visby Rules, the carrier’s responsibilities under them, the carrier’s limitations of liability and immunities available under the Hague-Visby Rules and the relevant time bars.

Delivery of cargo against presentation of sea carriage document
Practice notes

This Practice Note describes the purpose and functions of sea carriage documents with reference to the delivery of cargo, in particular it examines bills of lading and sea waybills. It considers how bills of lading may either be charterers’ bills or owner’s bills, and how they act as evidence for a contract of carriage or as security for finance.

Transport and title documents
Practice notes

This Practice Note outlines some of the classes of documents performing the functions of both a document of title and a transport document under which goods are carried.

Types of carrier of goods
Practice notes

This Practice Note provides an introduction to two types of cargo carrier, common carriers and private carriers, and explains the key aspects of their respective liabilities under their contractual relationships. The Practice Note concerns the carriage of goods only, and not the carriage of passengers.

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