liability waiver form

1188 results for liability waiver form

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  • IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors (Rev 1), Court of Appeal - Chancery Division, February 20, 2015, [2015] EWHC 389 (Ch)

    1. Following the handing-down of my judgment dated 4 April 2014 (``the Judgment'') and the delivery of a short judgment at a directions hearing on 13 June 2014 (``the June Judgment''), I have heard further submissions over the course of 9 days dealing with the remedies for the breaches of duty on the part of IBM established by the Judgment. I shal...

    ... In this context, the 2010 and 2011 NPAs form part of Project Waltz. 5. At Judgment [1511], I said that there ... The defendant could not limit its liability by reference to a counterfactual situation which it might have ... because the arrangement clearly contemplated (subject to waiver of the entitlement) that members would be entitled to be treated ...

  • The Cultural Foundation & Anor v Beazley Furlonge Ltd & Anor, Court of Appeal - Commercial Court, May 08, 2018, [2018] EWHC 1083 (Comm)

    1. This judgment follows a trial of ten preliminary issues as ordered by Blair J on 13 July 2017, the formulation of which was amended by consent on 6 February 2018. The case concerns a dispute between insureds, primary and excess insurers concerning certain professional indemnity insurance policies providing cover to a now insolvent architects'

    ...(c) Case law on notification under liability policies 42. (d) Causation 50. (3) Discussion 52. (a) What nts formed part of Notification 923? 52. (b) The Sector A Field House ... to avoid a policy or to terminate it for breach, it is waiver by estoppel or estoppel by convention rather than waiver by ...

  • Wilton UK Ltd & Anor v Shuttleworth & Ors, Court of Appeal - Chancery Division, May 01, 2018, [2018] EWHC 911 (Ch)

    JudgmentThis Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is

    ..., potential validity, or otherwise, of service of the claim form and particulars of claim in the CPR Part 7 claim before me. The ... Shuttleworth, Mr Smith and/or (in the case of accessory liability of BGL) Mr Banks. Such liability is said to extend to the ... whether there is or is not intended to be any release or waiver of the right of indemnity, and if so, the extent of the same. . ...

  • Group Seven Ltd & Anor v Nasir & Ors, Court of Appeal - Chancery Division, October 06, 2017, [2017] EWHC 2466 (Ch)

    1. These proceedings arise out of a substantial fraud whereby Allseas Group SA (``Allseas'') was defrauded out of a large sum of money, €100 million. The fraud was followed by an attempt to launder the proceeds of the fraud using the client account of a firm of solicitors in London, Notable Services LLP (``Notable''). The attempt at money launderin...

    ...Allseas formed a subsidiary company, Allseas Group Ltd (now known as Group Seven ...14. Notable was a limited liability partnership formed in February 2009. The members of the LLP in ... referred to the client giving informed consent to the waiver of interest. Mr Meduri explained to Mr Nobre the issue about the ...

  • Fluor v Shanghai Zhenhua Heavy Industry Co, Ltd, Court of Appeal - Technology and Construction Court, January 11, 2018, [2018] EWHC 1 (TCC)

    2. This is a dispute about the quality of the fabrication of steel piles (``MPs'') and transition pieces (``TPs'') for an offshore wind farm in the North Sea. The Claimant (``Fluor'') is an engineering, procurement, construction, maintenance and project management company registered in England (and is a subsidiary of Fluor Inc, the US multinational...

    ...The principal conclusions in the Liability Judgment 8. The effect of the settlement agreement 9. The issues ... by an agreement set out in two letters, known as the ``waiver letter'' and the ``warranty letter''. Accordingly, this judgment ...'' of rolled steel plates which were then welded together to form a cylindrical column, typically 65 m in length, 5-6 m in diameter ...

  • Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC, Court of Appeal - Commercial Court, March 23, 2017, [2017] EWHC 520 (Comm)

    Introduction1. This is a claim by the Claimant, Plantation Holdings (FZ) LLC (`Plantation') for some US$2 billion. Plantation is a Dubai company which was incorporated in 2004 for the purpose of developing an upmarket and exclusive polo facility on the outskirts of Dubai which was to include villas, a hotel, rented flats and business units (`Planta...

    ... . 5. DIB denies liability to Plantation. DIB's case is that it was entitled to act as it ... when asked by Mr Anderson QC, although there is no formal agreement that she will be compensated if Plantation succeeds in ... precluded from relying upon such an occurrence through waiver or estoppel; if the answer is that there had not been ``the ...

  • Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent (aka John Kent), Court of Appeal - Commercial Court, February 22, 2018, [2018] EWHC 333 (Comm)

    2. The claimant in this case is Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan (``Sheikh Tahnoon''). He is a member of the Royal Family of Abu Dhabi and a resident of the United Arab Emirates. The defendant is Ioannis (or John) Kent, a Greek businessman. In 2008 Mr Kent set up a hotel business in Greece with the aim of establishing (by lease,

    ... said that he had explained to the Sheikh ``the cheque liability in Greece including personal liability and criminal offence''. ...42. The Sheikh's representatives formed the view that Aquis SA was well-run at the operational level, ... of clause 7.3 of the Framework Agreement that a waiver of any right under the agreement be given in writing. . 104. The ...

  • Kyokuyo Co Ltd v AP Møller -Maersk A/S (t/a 'Maersk Line'), Court of Appeal - Commercial Court, March 29, 2017, [2017] EWHC 654 (Comm)

    1. The claimant claims as receiver of three container loads of frozen tuna, shipped at Cartagena (Spain) for carriage by the defendant (`Maersk Line') to Japan. Using the labels adopted in the evidence: i) Container A was discharged to the claimant at Yokohama on 15 February 2013. ii) Container B was discharged at Yokohama on or about 22 February

    ...4. It is common ground that Maersk Line's liability (if any) is governed by its standard terms and conditions of ... A bill of lading issued in the form of the Draft B/L would have acknowledged shipment of ``11 ... of the contract of carriage, nor that it gave rise to any waiver, election or estoppel. As Ms Masters QC put it in her skeleton ...

  • Caliendo & Anor v Mishcon De Reya (a firm) & Anor, Court of Appeal - Chancery Division, February 04, 2016, [2016] EWHC 150 (Ch)

    1. This is a claim for professional negligence by Antonio Caliendo and Barnaby Holdings LLC (``Barnaby'') against the firm of solicitors Mishcon de Reya (which become a limited liability partnership during the relevant period, but for present purposes the distinction between the firm and the LLP can be ignored). Mr Caliendo and Barnaby claim not on...

    ... of solicitors Mishcon de Reya (which become a limited liability partnership during the relevant period, but for present purposes ...vi) A deed of waiver between Mr Caliendo, QPRH, Sarita and Mr Ecclestone dated 1 ... director of QPRH for a period in 2007, but he was never formally appointed as a director of the company. Mr Steele was expelled as ...

  • Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors, Court of Appeal - Civil Division, August 11, 2017, [2017] EWCA Civ 4097

    1. This is an appeal against the rejection by Eder J of a claim against insurers for alleged business interruption (``BI'') losses said to have arisen in respect of goods stolen by a trusted employee named Joseph Okyere-Nsiah (``JON''). Ted Baker PLC, the first appellant, is the overall holding company for the Ted Baker brand. No Ordinary Designer

    ... in breach of a condition precedent to the insurers' liability in not providing certain documentation relating to quantum to ... of reasons, including estoppels of different kinds and waiver. . 8. In [41] - [92] the judge made a number of factual findings, ...36. As to the former, he regarded any suggestion of any agreement, waiver or estoppel ...

  • Autoridad Del Canal De Panamá v Sacyr, SA & Ors, Court of Appeal - Commercial Court, September 05, 2017, [2017] EWHC 2228 (Comm)

    1. This is a claim by the claimant employer which is the beneficiary under six advance payment guarantees (``APGs''), each subject to English law/exclusive jurisdiction, which were entered into by the defendants, a consortium of construction contractors, in relation to advance payments made by the employer. It is one of a number of disputes betwee...

    ..., there was a considerable volume of factual evidence in the form of witness statements and exhibits (which were helpfully combined ... arrangements, and so as to maintain their individual liability to ACP as employer, on 31 May 2010 the first to fourth defendants ... jurisdiction clauses, together with the so-called ``FNC Waiver Clause'' (FNC standing for forum non conveniens), are as ...

  • Gamatronic (UK) Ltd & Anor v Hamilton & Anor, Court of Appeal - Queen's Bench Division, September 13, 2016, [2016] EWHC 2225 (QB)

    1. The Claimants (``Gamatronic UK'' or ``UK'' and ``Gamatronic Israel'' or ``Israel'', respectively) are in the business of supplying uninterruptible power supplies (``UPSs''), which provide backup power to critical computer and other systems when mains power fails. The Defendants, Robert Hamilton (``Mr Hamilton'') and Jayne Mansfield (``Ms Mansfie...

    ...Release Clause 155-162. Acquiescence / Waiver 163. Section 1157 of the Companies Act 2006 164-165. Were the ...``Mr Hamilton'') and Jayne Mansfield (``Ms Mansfield'), are former Managing Directors and employees of, and 49% shareholders in, ... on the basis that it has discharged the Defendants' liability by compulsion of law. The Defences. 50. The Defendants rely upon ...

  • AP Moller-Maersk A/S (t/a Maersk Line) v Kyokuyo Ltd, Court of Appeal - Civil Division, April 17, 2018, [2018] EWCA Civ 778,[2018] WLR(D) 224

    1. The appellant appeals against the Order of Andrew Baker J sitting in the Commercial Court dated 30 May 2017 whereby he determined a series of preliminary issues in favour of the respondent cargo interests. The appeal concerns the scope of the Hague and Hague-Visby Rules and their application to the carriage of goods by sea in containers. The fac...

    ...The containers formed part of an original booking for the carriage of 12 Super Freezer ...12. It is common ground that any liability of the appellant is governed by the Maersk Terms and by either ... variation of the contract of carriage or gave rise to any waiver, election or estoppel. Accordingly, he said at [50]: . ``However, ...

  • The Secretary of State for Business, Innovation and Skills v Akbar & Ors, Court of Appeal - Chancery Division, November 16, 2017, [2017] EWHC 2856 (Ch)

    1. The proceedings before me are brought pursuant to section 6 of the Company Directors Disqualification Act 1986 (``CDDA 1986''). They relate to the conduct of each of the defendants whilst a director of the company now named Greentabs Limited, but which for many years was named Mumtaz Food Industries Limited (``MFIL'' or the ``Company'')). 2.

    ... were also transferred, or, more accurately the economic liability to pay the same was transferred by way of an obligation to pay ..., on behalf of MFIL, to the above terms in relation to the waiver of what was stated as being ``your directors loan account'' ... They describe the company as ``Greentabs Limited'' (formerly known as MFIL) even though the change of name does not appear to ...

  • Shlosberg v Avonwick Holdings Ltd & Ors, Court of Appeal - Chancery Division, May 05, 2016, [2016] EWHC 1001 (Ch)

    1. This is an application by Mikhail Shlosberg, a bankrupt, for an order directing that the Second Respondent (``Dechert'') shall cease acting as solicitors for both the First Respondent (``Avonwick'') and the Third Respondents, Jeremy Mark Willmont and Emma Sayers of Moore Stephens LLP, his joint trustees in bankruptcy (``the Trustees''). As I sha...

    ..., in defending the claim, notwithstanding that the liability would also be provable in the bankruptcy. . 29. The ...30. As now formulated, the Conspiracy Claim concerns the purpose and effect of the ... held that the trustee's letter of authority constituted a waiver of privilege by the trustee in whom the benefit of the privilege ...

  • Fennell v Halliwells LLP, Court of Appeal - Chancery Division, July 22, 2014, [2014] EWHC 2744 (Ch)

    1 This is the trial of a Part 8 claim issued on 8th January 2014. Mr. Steven Charles Fennell, the claimant, is a practising solicitor and licensed insolvency practitioner, and he was formerly a Fixed Share Member (or FSM) in the solicitors' practice of Halliwells LLP. Halliwells entered into administration on 20th July 2010 by an order made by Ki...

    ... and licensed insolvency practitioner, and he was formerly a Fixed Share Member (or FSM) in the solicitors' practice of ..., on 20th July 201, Halliwells was a well-known limited liability partnership with a practice in Manchester, Sheffield, Liverpool ...(6) sets out certain waivers, releases and indemnities between Mr. Fennell and the LLP (at ...

  • Western Trading Ltd v Great Lakes Reinsurance (UK) Plc, Court of Appeal - Queen's Bench Division, January 26, 2015, [2015] EWHC 103 (QB)

    1. This fire insurance claim by the Claimant is resisted by the Defendant on the grounds that the assured had no insurable interest and that there was misrepresentation and non disclosure. The Defendant also claims that if the Claimant does have a valid claim it should not have a Declaration that it is entitled to be indemnified for the cost of rei...

    ..., his son Mr Sandeep (``Sunny'') Singh, Mr Philip Jones, a former tenant of the Boak, Mr Altin Gjura, owner of a car wash operated ... by Mr Singh and also took responsibility for rates liability (albeit without paying any rates for the Property for substantial ...The Claimant also invokes estoppel and waiver to claim that it would escape any liability in respect of the ...

  • Noble Group Ltd, Re, Court of Appeal - Chancery Division, November 14, 2018, [2018] EWHC 3092 (Ch)

    1. This is an application by Noble Group Limited (the ``Company'') for an order sanctioning a scheme of arrangement (the ``Scheme'') between the Company and its Scheme Creditors (as defined in the Scheme) pursuant to Part 26 of the Companies Act 2006 (the ``CA 2006''). Background 2. The background to the Scheme is set out in a judgment which I gav...

    ...``20. The classic formulation of the principles which guide the court in considering whether to ... Documents, but excluding (among others) any liability arising directly or indirectly out of, from or in connection ...22. To that end, the Deed of Waiver and Release to be executed on behalf of Scheme Creditors ...

  • Minerva (Wandsworth) Ltd v Greenland Ram (London) Ltd, Court of Appeal - Chancery Division, June 23, 2017, [2017] EWHC 1457 (Ch)

    1. In December 2013 the Claimant (`Minerva') obtained planning permission from Wandsworth Borough Council for a large and complex building regeneration scheme for an area in the borough known as the Ram Brewery. The Ram Brewery ceased operating 2006 and the site it occupied, together with adjacent land was earmarked for development. The site, which...

    ... Minerva made a second more formal request by letter sent on 11 July 2014. Greenland replied to ...108. He went on to explain the overage liability and that the costs of obtaining the planning consent are paid by ... request for approval on 11 July 2014 was an unequivocal waiver of any unreasonable refusal of the first request. On Minerva's ...

  • Torre Asset Funding Ltd & Anor v The Royal Bank of Scotland Plc, Court of Appeal - Chancery Division, September 03, 2013, [2013] EWHC 2670 (Ch)

    1. This claim arises out of structured lending to a property company, Dunedin Property Industrial Fund (Holdings) Limited (``Dunedin'') and associated entities, which encountered difficulties resulting in it going into default in 2008 and entering administrative receivership in September 2008. The lending was called in and the security realised at

    ... general market at that stage, and/or would have sought some form of restructuring of the financing for the Industrious ... by two directors of the Borrower (without personal liability). .. 19.4 Information Properties. (a) The borrower shall provide ... third party would be willing to provide this; and that the waiver option might be more realistic, requiring a package of ...

  • BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA, Court of Appeal - Commercial Court, July 02, 2018, [2018] EWHC 1670 (Comm)

    1. In these proceedings the claimant (``BNPP'') seeks a number of declarations from the Commercial Court in London. On the present application the court is asked by the defendant (``TRM'') to decide whether the English Court has jurisdiction. 2. TRM's argument on jurisdiction has, if correct, some wider significance. This is because the argument e...

    ... to the jurisdiction of the English Court within standard form ISDA documentation should be displaced or restricted. . 3. In ...tort/ delict] liability deriving from such violation;. d. violation by BNPP of [a] ... paragraph 7(1)(f), this concerns a request by TRM for a waiver by BNPP of BNPP's right under the Master Agreement to designate ...

  • Oraki & Anor v Bramston & Anor, Court of Appeal - Chancery Division, July 15, 2015, [2015] EWHC 2046 (Ch)

    1. In this case the claimants, Dr Sheida Oraki and her husband Mr Ardeshir Oraki (together ``the Orakis'', although Dr Oraki has very much taken the lead in all correspondence and in this action, apparently acting under a power of attorney from her husband) were made bankrupt (on 10 January 2006 and 1 September 2005 respectively) on petitions based...

    ...20. However that liability was in effect dependent on these very proceedings. It was part ... and asking for a meeting to be arranged in order to form his own view of the creditor position rather than simply relying ... the hearing from which it is clear that there was no final waiver between the parties. Mr Varley said at that hearing (my ...

  • Bulgrains & Co Ltd v Shinhan Bank, Court of Appeal - Queen's Bench Division, July 24, 2013, [2013] EWHC 2498 (QB)

    Judgment1. JUDGE GORE: This is the expedited trial ordered by consent intended to determine the liability of the London branch of the defendant Bank to pay the sum of US$825,000 to the claimant, pursuant to the irrevocable letter of credit issued on 13 March 2013. The defendant denies the claim of the claimant in full. 2. At paragraph 23-004 of B...

    ... trial ordered by consent intended to determine the liability of the London branch of the defendant Bank to pay the sum of ...``Letters of credit are the most common form of documentary credit in international trade.. In essence, a ... 16 states under the heading ``Discrepant Documents, Waiver and Notice'' the following:. ``c. When a nominated bank acting on ...

  • Citibank NA, London Branch v Oceanwood Opportunities Master Fund & Ors, Court of Appeal - Chancery Division, March 08, 2018, [2018] EWHC 448 (Ch)

    1. This action is a claim for directions by Citibank NA (``Citibank''), as Security Agent and Note Trustee under financing arrangements for the Norwegian Norske Skog group, as to whether it should, or is entitled to, follow directions given by the first defendant (``Oceanwood'') which is the majority holder of the loan notes in question. The loan

    ... being one of several other noteholders who had together formed an ad hoc creditors committee which took the ``control'' point. ... principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer or any Guarantor, or by any ... of Notes or that may involve the Trustee in personal liability ..''. 19. The third principally relevant agreement is a share ...

  • Hashwani v Jivraj, Court of Appeal - Commercial Court, April 23, 2015, [2015] EWHC 998 (Comm)

    1. The present claim concerns what the claimant, Mr Sadruddin Hashwani, now admits were arbitration arrangements made in 1990 between him and the defendant, Mr Nurdin Jivraj. Those who have studied the judgment of Lord Clarke of Stone-cum-Ebony JSC in Hashwani v Jivraj [2012] UKSC 40, [2011] 1 WLR 1872, which I refer to below as ``Lord Clarke's ju...

    ... Mr Hashwani issued the present claim, comprising a claim form and a draft order (``the 2013 claim''). It was accompanied by a ... power to decide as he considered just and equitable and a waiver of the need to give reasons. The terms show that it was not ... over Jivji Holdings BV, and thus avoiding the tax liability had been evident at the time, Mr Jivraj's bid price could well ...