‘On 17 January 2024, the Supreme Court handed down judgment in Herculito Maritime Ltd & Ors v Gunvor International BV & Ors unanimously dismissing the appeal. In this post David McKie, Partner at CMS, comments on that judgment.’
UKSC Blog, 27th February 2024
Source: ukscblog.com
‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’
Mills & Reeve, 4th January 2023
Source: www.mills-reeve.com
‘On 5 August 2020, the UK Supreme Court handed down judgment in Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34; [2020] 1 W.L.R. 3549. Against the background of a commercial charterparty dispute, this appeal raised important questions about the admissibility of evidence potentially obtained through torture.’
UKSC Blog, 8th December 2020
Source: ukscblog.com
‘An important point regarding the nature of demurrage may, finally, have been conclusively determined by the High Court in this recent case, which came before Mr Justice Andrew Baker. It is however presently the subject of an appeal to the Court of Appeal (leave having been granted by the learned judge), so a definitive answer is awaited.’
33 Bedford Row, 12th November 2020
Source: www.33bedfordrow.co.uk
‘This appeal arose out of a claim by the appellant under a guarantee of a contract, to charter a vessel which was met with a defence from the respondent that the contract was procured by bribery and that the guarantee was therefore unenforceable. The bribery allegation was based on evidence of confessions that the appellant alleged were obtained by torture and therefore inadmissible.’
UKSC Blog, 5th August 2020
Source: ukscblog.com
‘The case concerned the interpretation of an indemnity clause in an amended Shellvoy6 form Charterparty and whether the Claimant time charterers should be granted injunctive relief, in the form of security to be provided by the Defendant voyage charterers, so as to enable release of the MT “Miracle Hope” (the “Vessel”), which was under arrest in Singapore.’
33 Bedford Row, 7th April 2020
Source: www.33bedfordrow.co.uk
‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’
Practical Law: Construction Blog, 26th November 2019
‘A ship owner who sold a vessel after a charterer breached its contract, making more money than it would have done selling the ship at the end of the breached contract, does not have to offset that difference in value against its claim for loss of earnings, the Supreme Court has ruled.’
OUT-LAW.com, 29th June 2017
Source: www.out-law.com
‘The rare simultaneous occurrence of two otherwise common events was an ‘abnormal occurrence’, which did not put the charterers of a ship which ran aground in port in breach of the ‘safe port’ warranty they gave to the owners.’
OUT-LAW.com, 11th May 2017
Source: www.out-law.com
‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘
Commercial Disputes Blog, 17th February 2016
Source: www.rpc.co.uk
‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’
OUT-LAW.com, 8th January 2016
Source: www.out-law.com
‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’
OUT-LAW.com, 10th November 2014
Source: www.out-law.com
‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’
WLR Daily, 21st October 2014
Source: www.iclr.co.uk
Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA 908; [2014] WLR (D) 297
‘The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.
WLR Daily, 4th July 2014
Source: www.iclr.co.uk
“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Carboex SA v Louis Dreyfus Commodities Suisse SA [2012] EWCA Civ 838; [2012] WLR (D) 179
“The strike clause in a berth charter had the effect of transferring the liability for delay on discharging the cargo caused by strikes at the port from the charterer to the owner, whether the delay occurred at the quayside during cargo handling operations or while the vessel was at the port waiting to berth.”
WLR Daily, 19th June 2012
Source: www.iclr.co.uk
ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17; [2012] WLR (D) 132
“Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.”
WLR Daily, 2nd May 2012
Source: www.iclr.co.uk
“A contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor.”
WLR Daily, 9th March 2012
Source: www.iclr.co.uk
“The actions of two companies can lead to a binding contract being formed even if there is a mistake in the terms of the contract itself, the High Court has ruled.”
OUT-LAW.com, 23rd May 2011
Source: www.out-law.com
Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126
“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”
WLR Daily, 6th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
© Inner Temple Library 2024