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Priyanka Shipping Ltd v Glory Bulk Carriers Pte Ltd (The “Lory”) – QBD (Comm Ct) (David Edwards QC sitting as a High Court Judge) [2019] EWHC 2804 (Comm) – 28 October 2019
Sale of ship – Buyer contracting to scrap vessel and not to use her for trading – Buyer trading vessel in breach of agreement – Whether seller entitled to injunction – Whether damages adequate remedy – Whether seller entitled to “negotiating damages” – Whether buyer entitled to declaration that seller limited to nominal damages
Online Published Date:
21 November 2019
Appeared in issue:
1043 - 21 November 2019
Navalmar UK Ltd v Ergo Versicherung AG and Another (The “BSLE Sunrise”) – QBD (Comm Ct) (HHJ Pelling QC sitting as a High Court Judge) [2019] EWHC 2860 (Comm) – 4 November 2019
General average – General average guarantee – Whether issuer of GA guarantee entitled to raise defence under Rule D of the York-Antwerp Rules 1974 as a defence to their liability under the GA guarantee
Online Published Date:
21 November 2019
Appeared in issue:
1043 - 21 November 2019
TMF Trustee Ltd and Others v Fire Navigation Inc and Others – QBD (Comm Ct) (Phillips J) [2019] EWHC 2918 (Comm) – 1 November 2019
Guarantee – Loan Agreement for purchase of vessels – Buyers’ obligations guaranteed by guarantor – Guarantee containing “No Set-Off” clause – Lenders suing borrowers and guarantor and applying for summary judgment – Defendants raising defence based on “prevention principle” – Whether “No Set-Off” clause prevented defendants relying on “prevention principle”
Online Published Date:
21 November 2019
Appeared in issue:
1043 - 21 November 2019