The International Convention on Carriage of Goods by Rail (CIM) establishes a measure of uniformity in Europe. It is necessary in the case of rail imports or exports involving the UK to incorporate the terms of the convention into the contract of rail carriage as shown by the consignment note. The carrier’s liability is similar to that of CMR.
Tag: UK
City spread
The sale of a contract struck on one city against the purchase of another contract struck on another. It is a means of hedging against the weather risk.
Civil Aviation (Investigation of Air Accidents) Regulations 1996
Implements Council Directive 94/56/EC and the fundamental principles governing the investigation of civil aviation accidents and incidents. Also re-enacts the 1989 Regulations. The Inspectors of Air Accidents of the Air Accidents Investigation Branch of the Department of Transport are identified as the investigating body. The Chief Inspector can delegate investigation to another member state, or, in some cases, to a state that is a party to the Chicago Convention. An inspector’s report must be published and any safety recommendations in the report are not to create a presumption of blame or liability.
Civil Aviation Act 1982
Sets out duties, functions and objectives of the Civil Aviation Authority. Deals with aerodromes, the regulation of civil aviation and the design, construction and maintenance of aircraft. Protects aircraft operators against trespass and nuisance claims whilst engaged in ‘normal flight’. Section 76 imposes a strict liability in respect of loss or damage on water or land when an article, person or animal is caused to fall from an aircraft during flight, take-off or landing. The loss is recoverable from the aircraft operator.
Civil Aviation Authority (CAA)
Operates under the Civil Aviation Act 1982 (amended 1996). Responsibilities include air safety and registration of aircraft. Issues Air Operators Certificates to those who can demonstrate their competence to run an aircraft safely and show that they are adequately financed and insured for passenger and third party risks. CAA collaborates internationally on air safety.
Civil aviation risk
The life or personal accident term for the extra risk due to a proposer engaging significantly in flying as a passenger or as a pilot in private aircraft.
Civil commotion
UK: A risk excluded under the standard fire policy and other property insurances along with riot and similar perils. It means the severe and prolonged disturbances by people ‘out of hand’. Civil commotion is an intermediate state between a riot and civil war. An element of turbulence or tumult is essential. Riot and civil commotion can be insured as additional perils. The insurer imposes strict time limits for the notification of claims.
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Damages by riot or civil commotion or caused maliciously by strikers or persons acting in connection with political organization. Civil commotion is disturbance between large number of individuals in a community frequently associated with damage to private and public property.
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One of the extended coverage perils, paired with the peril riot, that refers to a less widespread or generalized event than riot might be thought to encompass.
Civil engineering
The design and construction of roads, railways, bridges, aqueducts, canals, ports, harbours, moles, breakwaters, lighthouses and drainage works. The term originated in the distinction between these engineering activities and those associated with military operations, e.g. fortification, ordnance, etc. The General Conditions of Contract for Civil Engineering Construction include insurance obligations.
Civil Liability (Contribution Act) 1978
Replaces and extends the Law Reform (Married Women and Tortfeasors) Act 1935 which abolished the common law rule that a judgment in favour of a claimant against one of a number of joint tortfeasors barred subsequent proceedings against the others. The 1978 Act gives a tortfeasor the right to secure a contribution from other tortfeasors where the legal basis of their respective liabilities lies in tort, breach of contract, breach of trust or otherwise. The Act also abolished the rule that if the claimant’s action against one tortfeasor succeeded the damages awarded set a limit for any subsequent actions against other defendants.
Civil Procedure Rules (CPR)
The Civil Procedure Act 1997 implemented much of the Woolf Report and unified the civil claims procedure in the UK courts. The objective is to ensure that the parties are on an equal footing, save expense and have their cases dealt with quickly and fairly. Litigation is seen as a last resort as the parties are encouraged to explore alternative dispute resolution methods and display greater cooperation at the pre-action stage under the pre-action protocols. See ACCESS TO JUSTICE ACT 1999.