News & Updates

Tiuta v De Villiers ([2017] UKSC 77) - taking care with the "basic comparison"

Sometimes a decision offers a reminder by straightforward application of an established principle. Such is the unanimous Supreme Court judgment on 29 November 2017 in  Tiuta v De Villiers  ([2017] UKSC 77) in a claim for loss following (negligent)...

Causation, mitigation and remoteness: cross-undertakings and the Court of Appeal

In our article entitled “Pricing the Promise” of 10 November 2017 [The article can be found  here ], we anticipated the decision of the Court of Appeal in the  Fiona Trust  litigation. The Court of Appeal has since handed down its...

"ACONCAGUA BAY" - What is the meaning of "always accessible"?

On 26 March 2018 Mr Justice Knowles in the “ACONCAGUA BAY” ([2018] EWHC 654 (Comm)) determined that the berth warranty 'always accessible' must mean the vessel must be able to enter and leave the berth. The finding now provides a...

Assessing damages - What would the defaulter really have done?

As discussed in our December 2017 articles under “Freight, hire and happenstance - a decade of change?” [The article can be found here ] following the “GOLDEN VICTORY” ([2007] UKHL 12) progressively more defendants have tried to...

The Aqasia

Debo Awofeso looks at the recent Court of Appeal decision in the  AQASIA  [2018] EWCA Civ 276 to see whether the Court has changed its mind as to whether bulk or liquid cargoes are within the purview of the package limitation provisions of the...

BARECON 2017 - AN UPDATE TO BIMCO'S BARECON 2001

Jonathan Campbell and Harry Savva consider the recent updates to BIMCO's standard bareboat charterparty. The verdict - a welcome update that has resulted in a more user-friendly document which has also addressed concerns raised by the recent Supreme...

What if war involving North Korea actually happens? Cancellation clauses in charterparties, MOAs and shipbuilding contracts

As the upcoming Winter Olympics in Pyeongchang provide more talking points on the South/North Korea divide and continues to fuel the sparring match with the US, Zoe Jackson evaluates the ever changing tensions in Korea and considers the definition of “...

Freight, hire and happenstance - a decade of change?

This article - in its consolidated form - recently featured in the LMAA Law Review 2015-2017. It comments on a series of recent decisions dealing with the assessment of damages following an early redelivery under a time charter-party. In these decisions, the...

Pitfalls to avoid when starting arbitration

This article looks at problems sometimes encountered when serving notice of arbitration, with reference to the recent High Court case of Glencore v Conqueror. It also flags up some potential solutions. Click here to read the full article. ...

Messrs Interest Costs - That Well-Known Firm

A is pursuing B, seeking to recover an unpaid sum due under a contract or a loss suffered as a result of B’s breach. Issues are raised, positions taken and extensions repeated. Time passes, interest accrues and costs mount. Suddenly B concedes and pays...
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