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Recent Cases

Fri, 30/1/2015

In this case the Claimants applied under s.24(1)(a) of the Arbitration Act 1996 to remove an arbitrator on the grounds that circumstances existed giving rise to justifiable doubts as to his impartiality.  Those grounds included the fact that the arbitrator had close personal and business... Read more »

Thu, 22/1/2015

In this appeal on questions of law against a GAFTA Appeal Award, the Court considered whether “inspection final” provisions in a contract of sale amounted to an exclusive code for determining the quality and condition of the goods.  The Judge was prepared to assume that the... Read more »

Fri, 16/1/2015

In this action the Claimant, Navig8, claimed damages of around US$10.9 million from the First to Fourth Defendants, the Registered Owners of four Aframax vessels, for breach of a charterparty which had, so Navig8 contended, been concluded on behalf of the Registered Owners by an agent called SMMC.... Read more »

Mon, 15/12/2014

Subject: Arbitration; Shipping Keywords: Arbitration; Charterparty; challenge to jurisdiction; s67 Arbitration Act 1996; estoppel Summary: The dispute was as to the jurisdiction of an arbitral tribunal appointed under a time charter.  The Claimant applied for an order under section 67 of the... Read more »

Tue, 2/12/2014

Subject: Shipping; Contracts Keywords: Allocation of jurisdiction; Anti-suit injunctions; Bills of lading; Breach of contract; Contracts of carriage; Damage to goods; Morocco; Readiness to unload Summary: The Claimant owners of the mv “Golden Endurance” were subject to cargo claims in... Read more »

Tue, 2/12/2014 Subject: Contracts; Company law; Damages Keywords: Breach of warranty; Fraud; Measure of damages; Share purchases; Share transfers; Share valuation; Time limits; Valuation Summary: This was a dispute arising out of a Share Purchase Agreement (“SPA”) under which... Read more »

Wed, 5/11/2014

The Commercial Court (Cooke J) handed down a multi-million USD judgment in a long-running dispute arising out of a contract to transfer exchange-traded freight derivative positions worth hundreds of millions of USD. The case had already resulted in a number of significant decisions on the ambit of... Read more »

Thu, 30/10/2014

Subject: Civil procedure Other related subjects: Competition law; Aviation; Torts Keywords: Adjournment; Air carriers; Cartel offences; Foreign torts; Price fixing; Statements of case; Striking out; Summary judgments; Unlawful means conspiracy Member of Chambers: Iain Milligan QC acted for the... Read more »

Thu, 30/10/2014

Retailers’ historic interchange claims against Visa struck out as being time-barred Mr Justice Simon handed down judgment today in Arcadia Group Brands and others vs Visa Inc and others [2014] EWHC  3561 (Comm) striking out claims for damages, estimated to amount to £500 million,... Read more »

Wed, 22/10/2014 In a judgment handed down today, the Court of Appeal considered the requirements for becoming the lawful holder of a bill of lading under COGSA 1992, and the nature of a claim for payment under a letter of credit.  The court held that a bank does not become the holder... Read more »