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Recent Cases

Wed, 1/4/2015

  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 subordinated to more than... 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 »

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 »