Case Summaries

Join our Case Summary Mailing List

Want to receive our weekly Case Summary direct to your inbox? Click below!

Commercial Court Louise Glover Commercial Court Louise Glover

Bunge SA v Huaya Maritime Corporation of the Marshall Islands & Anor [2017]

“After being unable to enforce a London arbitration award against the respondent company, the claimant obtained several Court disclosure orders against the respondent in relation to its assets and ultimately, a Contempt of Court order; due to the deliberate non-compliance by the person controlling the respondent, the Court made an order against him personally, imposing an 18-month prison sentence.”

Read More
Commercial Court Louise Glover Commercial Court Louise Glover

Silver Dry Bulk Company Ltd v Homer Hulbert Maritime Company Ltd [2017]

“Following the sale of a Capesize bulk carrier and the dissolution of the single-purpose selling entity, the claimant buyer purported to commence arbitration against the seller and sought a declaration from the Court that the arbitral tribunal had been validly constituted. Despite acknowledging that the claimant buyer had a "good arguable case" on the substantive claim, the Court declined to recognize that the arbitral tribunal had been validly constituted, since one of the parties was not in existence so as to be capable of being arbitrated against.”

Read More
Commercial Court Louise Glover Commercial Court Louise Glover

Brightside Group Ltd & Ors v RSM UK Audit LLP & Anor (2017)

“Shortly before the expiry of the time bar, the Claimants issued but did not serve their Claim Form (which had a validity of 4 months); the Defendants tried to shorten that period by a notice under CPR7.7 calling for service within 14 days. Despite the Claimants narrowly missing the deadline, the Court declined to dismiss the claim as the Claimants had made proper efforts to serve, and the Defendants had suffered no prejudice by the short delay.”

Read More
Commercial Court Louise Glover Commercial Court Louise Glover

Oldendorff GmbH & Co KG (Oldendorff) v Sea Powerful II Special Maritime Enterprises (Head Owners) "Zagora" [2016]

“Where the same agents acted for the shipowners, receivers and other parties in the contractual chain, the Court rejected an argument that the cargo was delivered to the agents on behalf of the shipowners, thus coming outside the terms of the Charterers' LOI; finding instead that the agents must have acted for the party to whom delivery had been requested under the LOI. “

Read More
Commercial Court Louise Glover Commercial Court Louise Glover

Transgrain Shipping (Singapore) PTE Ltd v Yangtze Navigation (Hong Kong) Co Ltd & Anor [2016]

“In a claim for an indemnity under the Inter-Club Agreement, it was held that the true construction of clause 8(d) and, in particular, the term "act" in the phrase "act or neglect", did not require fault. Therefore, Charterers' order not to discharge soya bean meal for over 4 months due to non-payment by receivers was considered an "act" within the ambit of clause 8(d), and Charterers were required to bear 100% of the claim.”

Read More