Henry Byam-Cook

Nippon Yusen Kubishika Kaisha v Golden Strait Corp (The "Golden Victory") [2007] 2 AC 353 - assessment of damages for repudiatory breach by charterer of long term time charter - claim based on market rate for vessel at date of breach - entitlement of court to look at events occurring between date of breach and trial as part of its assessment (Commercial Court, Court of Appeal and House of Lords).

WS Tankship II BV v The Kwangju Bank Ltd and others [2011] EWHC 3103 (Comm) - 2 week trial in Commercial Court determining whether defendant banks were liable under a series of refund guarantees issued in connection with a shipbuilding contract. Considered questions of rectification, estoppel, non-disclosure and variation. Also whether SWIFT confirmation amounted to signature for purposes of Statute of Frauds.

The "Laemthong Glory" (No2) [2005] 1 Lloyd's Rep 688 - preliminary issue concerning a shipowner's right to enforce a letter of indemnity granted to the charterer by a cargo receiver via The Contracts (Rights of Third Parties) Act 1999 (Commercial Court and Court of Appeal). This is the leading case on this statute.

Aerospace Publishing Ltd v Thames Water Utilities Ltd [2007] Bus LR 726 - addresses the circumstances in which a claimant may recover damages assessed by reference to the cost of reinstating damaged chattels when that amount is higher than the diminution in their sale value and, in particular, what a claimant must prove in such circumstances. In addition, the judgment considers the period in respect of which interest should be awarded in such cases and the recoverability of staff costs (Court of Appeal).

ICC arbitration (December 2004) - claim for post termination indemnity by a commercial agent under the Commercial Agents Directive.

Nippon Yusen Kubishika Kaisha v Golden Strait Corp (The "Golden Victory") [2007] 2 AC 353 - assessment of damages for repudiatory breach by charterer of long term time charter - claim based on market rate for vessel at date of breach - entitlement of court to look at events occurring between date of breach and trial as part of its assessment (Commercial Court, Court of Appeal and House of Lords).

ENE Kos 1 v Petroleo Brasileiro SA (The "Kos") [2010] 2 Lloyd's Rep 409 - owner's claim for remuneration for period after vessel withdrawn for non-payment of hire and recoverability of the costs of putting up security for a claim as legal costs in a subsequent court action (Court of Appeal). Further appeal to the Supreme Court has now been heard and judgment is awaited.

CMA CGM SA v Classica Shipping Co Ltd (The "CMA Djakarta") [2004] 1 Lloyd's Rep 460 - Limitation of Liability - Shipowners claiming against time-charterers for damages and an indemnity in respect of an explosion and fire on a vessel caused by time-charterers' breach of charter in shipping dangerous cargo - whether time-charterers entitled under the 1976 Limitation Convention to limit their liability to shipowners in principle and, if so, in respect of which liabilities.

National Shipping Company of Saudi Arabia v BP Oil Supply Company (The "Abqaiq") [2012] 1 Lloyd's Rep 18 - two day hearing before Court of Appeal on whether demurrage claim was  precluded by reason of a settlement agreement or a contractual time bar in the BPVoy form.

Golden President Shipping Corp v Bocimar NV (The "Channel Alliance") [2008] 1 Lloyd's Rep 428 - section 69 arbitration appeal dealing with the proper construction of a profit sharing agreement under a long term time charter, a point on which about US$15 million turned (Commercial Court).

The "Laemthong Glory" (No2) [2005] 1 Lloyd's Rep 688 - preliminary issue concerning a shipowner's right to enforce a letter of indemnity granted to the charterer by a cargo receiver via The Contracts (Rights of Third Parties) Act 1999 (Commercial Court and Court of Appeal).

Nippon Yusen Kubishika Kaisha v Golden Strait Corp [2003] 2 Lloyd's Rep 592 - construction of an option to "charter back" a vessel to the owners' parent company under a time charter (Commercial Court).

Atos Consulting Ltd v Avis Europe Plc - dispute over the termination of a master services agreement for the pan European implementation of an ERP financial software package and Shared Service Centre. Case raised issues of fraudulent misrepresentation and expert points relating to repudiation (9 week trial in TCC which settled during hearing).

Peregrine Systems Ltd v Steria Ltd [2004] All ER (D) 447 (Feb) - helpdesk outsourcing - software development and implementation contract - termination clause and common law termination - misrepresentation - meaning of "remediable" breach - documentation and training requirements - ITIL compliance - construction of Claimant's Part 36 offer letter (8 day trial in Technology and Construction Court and 2 day appeal in Court of Appeal).

Navigators Insurance Company v Marwan Shipping and Trading Company LLC - case concerning a Protection & Indemnity insurance policy - insurers seeking to avoid liability relying on grounds of breach of warranty, misrepresentation and non-disclosure (Commercial Court).