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Robertson and Another v Bembridge Harbour Improvements Co Ltd (The “Tangent”) – QBD (Comm Ct) (Simon Salzedo QC, sitting as a Judge of the High Court) [2021] EWHC 1025 (Comm) – 23 April 2021
Contract – Motor yacht sinking at berth in marina – Whether marina operator in breach of contract – Whether sinking caused by marina operator’s breach of contract or by yacht owner’s inadequate mooring of vessel
Online Published Date:
04 June 2021
Appeared in issue:
1083 - 04 June 2021
Septo Trading Inc v Tintrade Ltd (The “Nounou”) – Court of Appeal (Moylan, Males and Phillips LJJ) [2021] EWCA Civ 718 – 18 May 2021
Sale of goods – Cargo of fuel oil – Certificate of Quality – Whether binding on parties – Whether buyer precluded from claiming that cargo was off-spec
Online Published Date:
04 June 2021
Appeared in issue:
1083 - 04 June 2021
London Arbitration 16/21
Charterparty – Hull cleaning – Prolonged port stay – Charterers to pay for time and expense of hull cleaning if vessel encountered minimum of 25 days in port and if strong reason to believe that hull acquired “excessive marine growth” as a result – Owners undertaking hull cleaning after redelivery – Whether time and expense of cleaning payable by charterers
Online Published Date:
04 June 2021
Appeared in issue:
1083 - 04 June 2021
Royal Caribbean Cruises Ltd v Reed (No 2) – Federal Ct (Stewart J) [2021] FCA 114 – 18 February 2021
Practice – Substituted service – Australian court granting cruise line operator leave for service of anti-suit injunction proceedings on passengers in USA – Cruise line operator unable to effect personal service – Whether Australian court should make order for substituted service on passengers’ US lawyers
Online Published Date:
04 June 2021
Appeared in issue:
1083 - 04 June 2021
Palmali Shipping SA v Litasco SA (No 2) – QBD (Comm Ct) (Foxton J) [2021] EWHC 1161 (Comm) – 6 May 2021
Practice – Amendment of statement of case – Whether claimant entitled to further amend particulars of claim to advance new case – Whether court should order “short hearing” on issue of whether original claim was fraudulently advanced
Online Published Date:
18 June 2021
Appeared in issue:
1084 - 18 June 2021
BP Oil International Ltd v Vega Petroleum Ltd and Another – QBD (Comm Ct) (Cockerill J) [2021] EWHC 1364 (Comm) – 21 May 2021
Sale of goods – Contract for sale of crude oil FOB – Buyer paying price but not receiving any crude oil – Buyer claiming return of sums in unjust enrichment on basis of failure of consideration – Seller contending that contract was inconsistent with buyer’s right to claim money back – Whether buyer entitled to return of sums paid
Online Published Date:
18 June 2021
Appeared in issue:
1084 - 18 June 2021
Tecoil Shipping Ltd v The Owners of the ship “Poseidon” – QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar) [2020] EWHC 393 (Admlty) – 24 February 2020
Admiralty practice – Judgment in default – Whether court had jurisdiction to grant judgment in default of acknowledgment of service in collision action
Online Published Date:
18 June 2021
Appeared in issue:
1084 - 18 June 2021
ABN Amro Bank NV v Royal & Sun Alliance Insurance plc and Others – QBD (Comm Ct) (Jacobs J) [2021] EWHC 442 (Comm) – 26 February 2021
Marine insurance – Cargo all risks policy – Whether limited to physical loss or damage to cargo – Transaction Premium Clause
Online Published Date:
18 June 2021
Appeared in issue:
1084 - 18 June 2021
Lenkor Energy Trading DMCC v Puri – Court of Appeal (Lewison, Arnold and Edis LJJ) [2021] EWCA Civ 770 – 21 May 2021
Enforcement of judgment – Recognition of foreign judgment – Whether court should refuse to recognise Dubai court judgment on basis that it would be contrary to public policy
Online Published Date:
18 June 2021
Appeared in issue:
1084 - 18 June 2021