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Court of Appeal Marios Chatzigiannis Court of Appeal Marios Chatzigiannis

SMIT Salvage BV & Ors v Luster Maritime SA & Anor (MV Ever Given - Salvage Claim) [2024] EWCA Civ 260-19 March 2024- (King LJ DBE, Males LJ, Popplewell LJ)

The CA dismissed the defendant Owners’ challenge to the Admiralty Court’s ruling that the claimant Salvors were entitled to remuneration pursuant to the Salvage Convention or common law (i.e. limited only by Vessel salved value). Upholding the findings of the Court below, the CA agreed that Owners had failed to discharge their burden of demonstrating, by way of the exchanges with Salvors, an unequivocal intention to enter a binding, fixed remuneration agreement instead. Nor could it be said, in the circumstances, that when urgent negotiations subsided, this evidenced that both parties considered a binding agreement concluded.

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Court of Appeal Antonino Cordopatri Court of Appeal Antonino Cordopatri

UK P&I Club NV & Anor v Republica Bolivariana De Venezuela [2023] EWCA Civ 1497 – 20 December 2023 (Sir Geoffrey Vos, Popplewell LJ, Phillips LJ)

The State of Venezuela started proceedings in Curacao and Venezuela against the owners and insurers of a cruise liner which collided with a Venezuelan navy vessel in breach of the London arbitration clauses in the insurance contract. The insurers were granted an interim anti-suit injunction by the High Court but Venezuela objected enforcement immunity. The CA upheld the first instance judgment that refused to grant the insurers a permanent anti-suit injunction because (i) relief cannot be given against a State by way of injunction pursuant to sec. 13(2)(a) of the SIA 1978 and (ii) such rule pursues legitimate domestic objectives by proportionate means, and does not impair the essence of Article 6(1) of the ECHR protecting the universal right to a fair and public hearing. The limitation to the ECHR right was justified by the UK’s domestic policy consistent with international sensitivity and comity.

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Court of Appeal Antonino Cordopatri Court of Appeal Antonino Cordopatri

MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors (Re "MSC Flaminia" (No. 2)) [2023] EWCA Civ 1007 – 1 September 2023 (Males LJ, Falk LJ, Henderson LJ)

In relation to the time-charterers’ liabilities arising out of the explosion on MSC Flaminia in July 2012, the CA held that a charterer who falls within the extended definition of "shipowner" in Article 1.2 of the Amended 1976 Convention on Limitation of Liability cannot limit its liability to the actual owner in respect of losses suffered by the owner itself.

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Court of Appeal Antonino Cordopatri Court of Appeal Antonino Cordopatri

Unicredit Bank AG v Euronav NV [2023] EWCA Civ 47 – 4 May 2023 (Asplin LJ, Popplewell LJ, Falk LJ)

Unicredit financed the sale of a cargo of LSFO by BP to Gulf. BP chartered the vessel from Euronav but further to a novation agreement, Gulf became charterer in BP’s place. Euronav thereafter delivered the cargo to Gulf without production of the b/l, which had not by then been endorsed to Unicredit by BP. Being unpaid by Gulf, the Bank claimed against Euronav for breach of the contract of carriage. The CA disagreed with the Court below that the b/l remained a mere receipt following novation. However, it agreed that Euronav’s breach was not causative of the loss, as on the evidence, the Bank would in any event have ordered delivery to Gulf. The Bank’s appeal was dismissed.

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Court of Appeal Louise Glover Court of Appeal Louise Glover

Quadra Commodities S.A. v XL Insurance Company SE and Others [2023] EWCA Civ 432 – 21 April 2023 (Sir Julian Flaux LJ, Popplewell LJ, Snowden LJ)

Quadra claimed that grain cargoes it purchased, stored in silos, were fraudulently misappropriated by sellers and sought reimbursement under its marine cargo policy. The CA confirmed the Court below, ruling that, despite the goods being unascertained, there was nonetheless an insurable interest, engaging XL's liability to Quadra.

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Court of Appeal Louise Glover Court of Appeal Louise Glover

Maranello Rosso Ltd v Lohomij BV & Ors [2022] EWCA Civ 1667 – 21 December 2022 (Asplin LJ, Arnold LJ, Phillips LJ)

Following a dispute, the Seller of a premium car collection reached agreement with the selling auction house in respect of "all and any claims". The Seller later sued its financing company and the auction house for conspiracy to injure its interests by unlawful means (selling the cars at an undervalue). The CA confirmed the ruling of the Court below that the settlement agreement released the parties and compromised even claims for fraud and dishonesty, despite these neither featuring in the original dispute nor being expressly mentioned in the settlement agreement.

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