The English High Court, in the recent case Kairos Shipping Limited v. Enka & Co LLC & Others (Atlantic Confidence) [2013] EWHC 1904 (Comm), considered whether or not a tonnage limitation fund may be constituted by provision of a P&I club...

Introduction In the recent case of Trafigura v Navigazone Montanari, the Commercial Court was asked to decide whether, on its true construction,  an amended Trafigura In-Transit Loss clause (the “ITL Clause”) (as inserted into a Bee...

In Firodi Shipping Ltd v. Griffon Shipping LLC (“The Griffon”) the Court of Appeal considered the decision of Teare J. reported in [2013] EWHC 593 (Comm). For our e-briefing article on Teare J’s decision in the Commercial Court,

On 31 July 2014, the Council of the European Union (the “Council’) adopted Regulation (EU) No 833/2014 which implements Council Decision 2014/512/CFSP...

Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm) Facts Emirates Trading Agency (Emirates) agreed to buy iron ore from Prime Mineral Exports (PME) but failed to collect all the order. PME claimed liquid...

In Griffon Shipping LLC v. Firodi Shipping Ltd (The Griffon) Teare J considered, in the context of clause 13 of the standard form Norwegian Sale Form (“NSF”) 1993, where a buyer fails to pay the deposit under a memorandum of agreement, w...

The EU has today published further sanctions against Russia, following agreement between the EU and the US that additional measures were required to respond to, what the EU and US view as, Russia’s continued efforts to destabilise the Ukraine....

A new online registration, certification and reporting system was recently introduced in the UK, applying to all employee share plans and arrangements. The first major deadline for online reporting is approaching (6 July 2015) and employers should b...

The Government has recently announced that the Consumer Rights Bill is intended to become law on 1 October 2015, subject to the ongoing Parliamentary process. The Bill is relevant to businesses in the transport sector as it will introduce significan...

As the shipping community is truly internationally based, issues can often arise when a formal claim is issued in the English High Court that then has to be served outside the UK jurisdiction.  For example, if a dispute arises between a ship ow...

The changes to the Brussels Regulations apply to civil and commercial proceedings commenced on or after 10 January 2015 and are applicable in all 28 EU Member States. The Regulations determine the jurisdiction of commencement of litigation in Courts...

Synopsis Pursuant to a contract of sale (the “Contract”) the respondent seller (the “Seller”) agreed to build and sell to the claimant buyer (the “Buyer”) a 9,400 dwt chemical tanker, the Delivery Date (as defined...

Buyers of immovable property must think very carefully before paying deposits. If for some reason the sale is cancelled, the purchaser remains liable for transfer duty on the deposit that is forfeited to the seller (in terms of section 5(2)(a) of th...

Laporte v Commissioner of Police of the Metropolis [2015] EWHC 371 (QB); [2015] 3 Costs L.R. 471 In this case, the Court considered the extent to which a refusal to engage with alternative dispute resolution ("ADR"), (in this case med...

Reviewing the notification requirements in the InterClub Agreement in the wake of Ipsos S.A. v Dentsu Aegis Network Limited (previously Aegis Group plc) [2015] EWCH 1171 (Comm) The Background The recent decision in Ipsos S.A. v Dentsu Aegis Network ...

The Supreme Court’s decision in Zurich Insurance PLC UK Branch v International Energy Group Limited provides some clarity to the position of Clubs who face long-tail work related illness claims where multiple employers or insurers were involve...

Bunge SA v Nidera BV [2015] UKSC 43 This case was first brought to the attention of the Commercial Court in June 2013, when an appeal on the ruling of the first arbitral panel was sought by the Claimant, Bunge SA (“Bunge”). The matter at...

The Court of Appeal’s decision in The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 provides guidance on the application of the Athens Convention 1974 in contribution claims against carriers. The Facts On 26 Au...

The buzzword for the post-Brexit landscape both in Europe and further afield is ‘uncertainty’. No-one really knows the long term effect that Brexit will have on local and global economies. However, as the dust settles following the ...