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Recent Cases

Mon, 15/12/2014

Subject: Arbitration; Shipping Keywords: Arbitration; Charterparty; challenge to jurisdiction; s67 Arbitration Act 1996; estoppel Summary: The dispute was as to the jurisdiction of an arbitral tribunal appointed under a time charter.  The Claimant applied for an order under section 67 of the... Read more »

Tue, 2/12/2014

Subject: Shipping; Contracts Keywords: Allocation of jurisdiction; Anti-suit injunctions; Bills of lading; Breach of contract; Contracts of carriage; Damage to goods; Morocco; Readiness to unload Summary: The Claimant owners of the mv “Golden Endurance” were subject to cargo claims in... Read more »

Tue, 2/12/2014

  Subject: Contracts; Company law; Damages Keywords: Breach of warranty; Fraud; Measure of damages; Share purchases; Share transfers; Share valuation; Time limits; Valuation Summary: This was a dispute arising out of a Share Purchase Agreement (“SPA”) under which The Hut Group (... Read more »

Wed, 5/11/2014

The Commercial Court (Cooke J) handed down a multi-million USD judgment in a long-running dispute arising out of a contract to transfer exchange-traded freight derivative positions worth hundreds of millions of USD. The case had already resulted in a number of significant decisions on the ambit of... Read more »

Thu, 30/10/2014

Subject: Civil procedure Other related subjects: Competition law; Aviation; Torts Keywords: Adjournment; Air carriers; Cartel offences; Foreign torts; Price fixing; Statements of case; Striking out; Summary judgments; Unlawful means conspiracy Member of Chambers: Iain Milligan QC acted for the... Read more »

Thu, 30/10/2014

Retailers’ historic interchange claims against Visa struck out as being time-barred Mr Justice Simon handed down judgment today in Arcadia Group Brands and others vs Visa Inc and others [2014] EWHC  3561 (Comm) striking out claims for damages, estimated to amount to £500 million,... Read more »

Wed, 22/10/2014

  In a judgment handed down today, the Court of Appeal considered the requirements for becoming the lawful holder of a bill of lading under COGSA 1992, and the nature of a claim for payment under a letter of credit.  The court held that a bank does not become the holder of a bill of... Read more »

Tue, 21/10/2014

In a judgment handed down on 21 October 2014, the Court of Appeal unanimously upheld the decision at first instance of Males J that an English law and jurisdiction clause in a voyage charter had been incorporated into the bill of lading on the Congenbill form by the words "All terms and... Read more »

Fri, 17/10/2014

The Commercial Court has held that the International Oil Pollution Fund (an international organisation with its headquarters in London) is immune from suit on a claim by Gard (a P&I Club). Gard’s claim arose out of oil pollution damage claims resulting from the grounding, in 1997, of the... Read more »

Fri, 10/10/2014

Summary: The English court had jurisdiction to consider a claim that defendants had conspired to deprive a claimant's late father, and the claimant as his heir, of certain assets; but a claim that he had owned certain shares at his death to which the claimant was entitled had no real... Read more »