Lawrence Akka has appeared in the High Court, Court of Appeal, House of Lords and Privy Council as well as in numerous confidential IT, shipping, commodity, and commercial arbitrations and mediations.
Some of his recent cases are:
Novologistics SARL v Five Ocean Corp - "The Merida" [2009] EWHC 3046. LMAA arbitration appeal to Commercial Court - demurrage - responsibility for delay at Chinese port - port or berth charterparty
Skype Technologies SA v Joltid Limited (Chancery Division) 2009. Acting for Skype / eBay in a multinational software licencing and copyright dispute concerning the use of the P2P technology at the core of the Skype VOIP application
Farenco Shipping Co Ltd v Daebo Shipping Co Ltd - The "Bremen Max" [2009] 1 Lloyd's Rep 81. Delivery without bills of lading - misdelivery - validity of security and standard form charterparty letters of indemnity
Gulf Agri Trade FZCO v Aston Agro Industrial AG [2008] 2 Lloyd's Rep 376. Arbitration appeal from GAFTA award - default clause and notice - anticipatory breach of contract
Serena Navigation Ltd v Dera Commercial Establishment - "The Limnos" [2008] 2 Lloyd's Rep 166. Package or unit limitation under the Hague and Hague Visby Rules Art IV rule 5(a) - Economic loss - meaning of "goods lost or damaged"
Gold Coast Ltd v Naval Gijon SA - "Hull 553" [2006] 2 Lloyd's Rep 400. Long running shipbuilding dispute concerning delay in the construction of a chemical tanker for US$38m - seven arbitration awards - Arbitration Act section 57 - correct test for granting extensions of time
ATOS Consulting Ltd v AVIS Europe plc [2005] EWHC 982 (TCC) 16 May 2005. Multi million pound pan-European ERP software project - application to strike out 60 page Particulars of Claim under CPR 3.4 - exercise of Court's jurisdiction and discretion - termination of a master services agreement relating to ERP software and Shared Service Centre (9 week trial in TCC which settled during hearing).
Peregrine Systems v Steria [2004] EWHC 275 (TCC); [2004] All ER (D) 447 (TCC and Court of Appeal) Helpdesk outsourcing - software development and implementation contract - termination clause and common law termination - misrepresentation - meaning of remediable breach - documentation and training requirements - ITIL compliance - reasonable time for performance of IT contracts
Fal v Petronas [2004] 1 Lloyd's Rep 9 and 2 Lloyd's Rep. 282, Court of Appeal. Sale of goods c & f - Cargo of high viscosity oil delivered to buyers by ship to ship transfer - Oil found to contain excessive quantity of water on discharge - Whether excess water was present in oil cargo at time of transfer to buyers - Burden of Proof - Interpretation of demurrage clauses in sale contracts.
The Kriti Akti [2003] 2 Lloyd's Rep 584 and [2004] 1 Lloyd's Rep. 712, Court of Appeal. Shelltime 3 charterparty - interpretation of clause 18 - legitimate last voyage orders - purposes for which "plus 15 days" margin may be used by charterers
Fleming & Wendeln -v- Sanofi AG [2003] 2 Lloyd's Rep 473. Interpretation of GAFTA default clause - meaning of 'date of default' - contract for sale of Russian/Ukrainian black sunseed crop - Failure to deliver balance under contract - Whether sellers in default - Date on which contract price to be assessed.
Agrimex -v- Tradigrain and GAFTA [2003] 2 Lloyd's Rep 537. Arbitration - Award - Fees - Application under section 28 Arbitration Act 1996 to consider and adjust fees - dispute over demurrage referred to arbitration - Whether legal draftsman could be appointed to attend hearing and draft award - proportionality of fees charged - Whether fees should be adjusted.
Stocznia Gdanska SA v Latvian Shipping Co and others [2002] 2 Lloyd's Rep 436, Court of Appeal. Shipbuilding contract - Rescission - Affirmation in the context of anticipatory and actual breaches - test for tort of inducement to commit breach of contract.
Daewoo Heavy Industries Ltd and another v Klipriver Shipping Ltd and another (The Kapitan Petko Voivoda) [2003] 2 Lloyds Rep 1, Court of Appeal. Carriage by sea - Cargo carried on deck in breach of contract of carriage - Whether owners entitled to rely on Hague Rules exceptions and limitations (including package/unit limits).
Standard Chartered Bank v PNSC and others Commercial Court ([1998] 1 Lloyd's Rep 684, [1999] 1 Lloyd's Rep 747), Court of Appeal ([2000] 1 Lloyd's Rep 218, [2001] 1 QB 167), and House of Lords ([2002] 3 WLR 1547). Banking - letters of credit and bills of exchange - commercial fraud - director's personal liability - contributory negligence.
LG Caltex v China National Petroleum Corporation [2001] 1 WLR 1892, Court of Appeal. Interpretation of Arbitration Act 1996, s.67, ad hoc submissions.
Cambridge Technology Partners v Abbey National - 2001, TCC Software development contract - exclusion clauses, claim for lost management time.
Clark, Goldring & Page Ltd v ANC [2001] All ER(D) 353, Chancery Division,The Times 27/3/01 Sale of franchise business - warranties as to profitability - estoppel by convention - Part 36 offers.
Hanjin Shipping Co Ltd v Schiffahrtsgesellschaft "LESUM" mbH - The "Hansa Carrier" LMLN 447 etc Shipping - poor stowage - charterers' responsibility - contributory negligence - remission of arbitration award.
The Kapitan Sakharov - Commercial Court 1998, Court of Appeal [2000] 2 Lloyd's Rep 255 Shipping - explosion on board - undeclared dangerous cargo - burden of proof.
Finagra UK Ltd v OT Africa Line Ltd - Commercial Court [1998] 2 Lloyd's 622 and Commercial Court trial in 2001 Carriage of cocoa by sea - incorporation and interpretation of time bars in bills of lading.
