Choppy waters ahead

Will Trustram and Nick Austin, of Clyde & Co, look at the owners’ case as permission for further appeal is refused by the Court of Appeal in a recent UK judgment

On 22 October 2015 the UK’s Court of Appeal delivered its judgment on the owners’ appeal of the decision of the Commercial Court below in the case of The Res Cogitans, confirming the bunker supply contract in question between OW and the owners (and which incorporated OW standard terms and conditions) was not a contract for the sale of goods within the meaning of the Sale of Goods Act 1979.