Lloyd's Shipping & Trade Law
Appeals update: busy times for English courts
In each issue this publication considers a small number of judicial decisions. With an unusually busy start to 2024 a stocktake of pending appeals and fresh decisions from the Supreme Court and the Court of Appeal is in order. As of early April 2024 there is much to look forward to in the 2024 judicial year.
The judicial year was off to a good start with the Supreme Court's decision in
Herculito Maritime Ltd v Gunvor International BV (The Polar).
1
Where the charterer had received something in exchange for its undertaking to pay the insurance premium, it could not rely
on that duty as establishing an "insurance code or fund" between it and the shipowner. As a result there was no prospect for
holders of bills of lading incorporating the charterparty to do so either. The judgment somewhat narrows the scope of application
of
The Ocean Victory.
2