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Recent Cases

Thu, 12/5/2016

The Court of Appeal (Hallett, Briggs LJJ and Moylan J)  handed down their decision upholding the judgment of Blair J in favour of the web retailer The Hut. The Appellants, Oliver Nobahar-Cookson and a Jersey trust of which he was settlor, had sought to argue that The Hut's £4.3m... Read more »

Thu, 12/5/2016

The Supreme Court (Lords Neuberger, Mance, Clarke, Sumption and Toulson SCJJ) has handed down judgment this morning in The Global Santosh [2016] UKSC 20, which concerned the meaning of “charterers’ agents” in a very common additional off-hire provision. The Appellant,... Read more »

Thu, 12/5/2016

Julian Kenny QC appeared for the Appellants in the Supreme Court who handed down judgment 11 May, a much anticipated ruling by shipowners and subsidiary companies affected by the OW Bunker collapse.  The judgment affirms the rulings of the Court of Appeal and of first instance Judge, Males J,... Read more »

Tue, 3/5/2016

David Lewis QC and Oliver Caplin acted for the successful Appellant in an appeal from the decision of Andrew Smith J, who had originally refused to grant the application of Addax Energy SA (“Addax”) for security for its, and a third party defendant’s, costs of just under £... Read more »

Tue, 26/4/2016

Reyes v Al-Malki [2015] IRLR 289 (Court of Appeal, now going to Supreme Court) - an important judgment on diplomatic immunity, holding that Article 31(1)(c) of the Vienna Convention on Diplomatic Relations does not exclude diplomatic immunity in the context of employment/human trafficking... Read more »

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 »