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Recent Cases

Fri, 2/10/2015

In this case, the parties entered into a series of derivatives contracts with each other relating to energy commodities.  The contracts were governed by English law.  Further, clause 13.2 of the contracts provided that: “with respect to any suit, action or proceedings relating to... Read more »

Wed, 2/9/2015

In an appeal under s.69 of the Arbitration Act 1996, Males J reviewed the authorities on damages for repudiation of a voyage charter and gave guidance concerning recoverability of loss suffered by reason of the vessel being redelivered to an owner in the wrong location or when a substitute fixture... Read more »

Thu, 6/8/2015

Visa interchange fee litigation: The Court of Appeal upholds decision to strike out retailers’ historic interchange claims as being time-barred The Court of Appeal handed down judgment in Arcadia Group Brands and others v Visa Inc and others [2015] EWCA Civ 883, dismissing appeals and... Read more »

Wed, 1/7/2015

The Supreme Court (Lords Sumption, Toulson, Neuberger, Clarke and Mance) has handed down judgment in Bunge v Nidera [2015] UKSC 43, an important, unanimous, decision clarifying both the scope of Clause 20 in the GAFTA 49 Form (the Default Clause) and the decision of the House of Lords in The Golden... Read more »

Wed, 1/7/2015

On 30th June 2015, the Commercial Court gave judgment in a claim for payment out of the proceeds of a judicial sale of cargo. The claimant was the time charterer of a vessel, which it had in turn, as disponent owner, let out on voyage charter to carry a cargo of iron ore. In 2013, following various... Read more »

Thu, 25/6/2015

The Court of Appeal handed down judgment in the major patent and private international law dispute, Actavis v Eli Lilly. The case concerned whether Actavis is entitled to launch its pemetrexed drug products such a pemetrexed diacid or whether they are caught by Lilly’s patent which covers... Read more »

Thu, 25/6/2015

The Court of Appeal has handed down judgment in this case, concerning an application by Frontier Agriculture to enforce an arbitration award against Bratt Brothers.  The case raises interesting questions concerning what constitutes participation in arbitration proceedings, and also in relation... Read more »

Wed, 24/6/2015

  This was an appeal, under s.69 of the Arbitration Act 1996, on two issues of law arising out of an award of the Technical Appeal Committee (“TAC”) of the  International Cotton Association (“ICA”).  The underlying dispute arose out of a contract of sale... Read more »

Thu, 18/6/2015

This was a hearing of a preliminary issue on a not-unfamiliar cargo claim arising out of loss and damage to bagged cargoes delivered to West African ports where the central issue related to stevedore damage. The bills of lading incorporated the terms of a Synacomex 90 charter which provided that... Read more »

Wed, 20/5/2015

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 »