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Lloyd's Maritime Law Newsletter RSS feed

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

Online Published Date : 21 November 2019 | Appeared in issue: 1043 - 21 November 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

TMF Trustee Ltd and Others v Fire Navigation Inc and Others – QBD (Comm Ct) (Phillips J) [2019] EWHC 2918 (Comm) – 1 November 2019

Online Published Date : 21 November 2019 | Appeared in issue: 1043 - 21 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”