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Maritime & Commercial

Lloyd's Law Reports

IS PRIME LTD v TF GLOBAL MARKETS (UK) LTD AND OTHERS

Arbitration – Stay of judicial proceedings – Tiered dispute resolution clause providing for non-binding arbitration – Whether process constituted “arbitration” – Arbitration Act 1996, sections 6, 9 and 58 – Senior Courts Act 1981, section 49.

[2021] Lloyd's Rep. Plus 88

MOORE v SCENIC TOURS PTY LTD

Damages – Consumer guarantees – Personal injury – Appellant having booked holiday cruise tour supplied by respondent – Cruise disrupted by adverse weather conditions – Respondent breached consumer guarantees – Damages for disappointment and distress – Whether Civil Liability Act precluded damages for disappointment and distress not consequential upon physical or psychiatric injury – Competition and Consumer Act 2010 (Cth), Schedule 2 (the Australian Consumer Law), sections 60, 61, 267 and 275 – Civil Liability Act 2002 (NSW), sections 3, 11, 11A, 16 and 16(1).

[2021] Lloyd's Rep. Plus 43

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