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Recent Cases

Fri, 9/3/2018

[2017] 1 Lloyd’s Rep. 203 (Commercial Court) Appeal from arbitration award dealing with the meaning of “consequential losses” in the context of an exception clause in an SAJ form shipbuilding contract.  The case gives guidance as to when the phrase “consequential losses... Read more »

Fri, 2/3/2018

The Commercial Court handed down judgment in the latest of a series of cases (most recently The Bremen Max [2009] 1 Lloyd’s Rep 81 and The Zagora [2017] 1 Lloyd’s Rep 194) considering the construction and operation of the international P&I Clubs’ standard form for letters of... Read more »

Thu, 22/2/2018

Renewable energy operator RES UK and Ireland Limited, represented in the High Court in Belfast by Gordon Nardell QC, has succeeded in judicial review proceedings about its proposed 7-turbine wind farm at Barr Cregg, near Derry City. Gordon was called temporarily to the Bar of Northern Ireland... Read more »

Wed, 21/2/2018

The Court of Appeal handed down judgment on 19 February 2018 in a case raising important questions relating to the law of marine insurance, and in particular to claims for constructive total loss.  The first issue was as to the meaning and proper effect of the requirement in s.62(3) of the... Read more »

Tue, 20/2/2018

Andrew Dinsmore appeared for the successful Claimants in this case, which was the first English authority to apply the common law rule barring set-off against freight (the ‘Freight Rule’) to aviation. The Freight Rule was developed in the shipping context before being applied to... Read more »

Thu, 8/2/2018

Michael Ashcroft QC acted for the successful defendant in this arbitration claim under s67 of the Arbitration Act 1996, involving a challenge to an award on jurisdiction issued by an arbitrator. The decision of Knowles J provides useful guidance on the important question of when, and in what... Read more »

Thu, 25/1/2018

Michael Ashcroft QC and Belinda McRae appeared for the successful claimant in obtaining a rare order under section 42 of the Arbitration Act 1996 to enforce a peremptory order of a tribunal. The application arose in the context of two ongoing London-seated arbitrations concerning the breach... Read more »

Thu, 14/12/2017

In this case the Claimant sold a cargo of gasoil to the Defendant. The Defendant subsequently filed a petition before the Nigerian Economic and Financial Crimes Commission, alleging that the cargo was off specification. The Claimant in turn commenced proceedings in Nigeria seeking a declaration... Read more »

Tue, 12/12/2017

General Average disputes rarely seem to reach the courts so the Commercial Court’s recent judgment in Cape Bonny Tankschiffahrts v. Ping An Property provides a useful summary of where the law stands on certain key points, in particular with regard to the duties owed by shipmanagers. It also... Read more »

Thu, 7/12/2017

In this case Eli Lilly & Co (“Lilly”), together with a number of associated companies, successfully resisted a jurisdiction challenge advanced by Genentech Inc. Lilly sought declarations of non-infringement (“DNIs”) in relation to UK, French, Spanish, Irish, Italian and... Read more »