On 20 May 2015, HHJ Mackie QC handed down his last written judgment in The English Electric Company Limited v Alstom UK Limited [2015] EWHC 924 (QB). The claim concerned the extent to which the ultimate responsibility for an historic asbestos claim could be passed up a chain of sale and... Read more »
Recent Cases
Mon, 11/5/2015
On 11 May 2015, Leggatt J handed down judgment in the long-running Commercial Court litigation in Thai Airways v KI Holdings & Anor [2015] EWHC 1250 (Comm), awarding Thai Airways over US$100 million in damages. Its claim arose out of KIH’s failure to deliver seats for a number of... Read more »
Thu, 2/4/2015
Judgment has been handed down by the Court of Appeal in the matter of The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain and the French State (“The Prestige”), dismissing the appeal of Spain and France against the judgment of Hamblen J [2013]... Read more »
Wed, 1/4/2015
http://www.iurbantech.com On 31 March 2015, Sir William Blackburne gave judgment in Myers v Kestrel & ors [2015] EWHC 916 (Ch). He considered the issue of whether minority loan note holders could object to amendments to their rights by the majority, by which the loan notes were... Read more »
Wed, 25/3/2015
In 2013, Flaux J decided, obiter, that the obligation to pay hire in the NYPE charter was a condition, so that any breach (if not remedied in accordance with the “anti-technicality” provisions of the charter) entitled the owner not only to bring the charter to an end but also to claim... Read more »
Wed, 25/3/2015
On 24 March 2015 Hamblen J handed down judgment in a case concerning the ambit of the GAFTA prohibition clause. The Claimant Sellers had sold 158,000 tons of Ukrainian Feed Corn to the Defendant Buyers. The Ukranian Government subsequently introduced Grain Export Quota Restrictions because of... Read more »
Fri, 13/3/2015
On 13 March 2015 Judgment was handed down by Flaux J in the long-running and high-profile fraud claim brought by the Romanian oil company OMV Petrom against Glencore (which was listed by The Lawyer magazine as one of the top 20 cases of 2015). Petrom’s claim arose out of the delivery by... Read more »
Wed, 18/2/2015
Michael Ashcroft QC acted for the successful respondent owners (instructed by Ince & Co LLP) in this appeal to the Court of Appeal concerning the proper meaning and effect of an "in transit loss" clause in a charterparty. The case is of particular interest to those involved in... Read more »
Tue, 17/2/2015
David Lewis QC and Oliver Caplin acted for the defendant charterers (“Containerships”) in this case about an anti-suit injunction restraining direct action proceedings in Turkey against an international P&I Club (“the Club”). The Club had obtained a without notice anti-... Read more »
Mon, 16/2/2015
On 12 January 2015 Leggatt J handed down judgment in a case raising several important issues of law relating to the operation of demurrage clauses, the nature of a duty to mitigate and the White & Carter v McGregor principle. The claimant, MSC, is the second largest carrier of shipping... Read more »
