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Surprise: claims for unpaid bunkers under bunker supply contracts are straightforward claims in debt where the passing of property is not required...
Also: be specific in tripartite agreements; the right to rely on refund guarantees; and more.
Claimants with contractual claims against a Korean ship operator can go through London courts.
A Dutch ship operating company, SBV, brought claims against a Chinese bank, BOC, for payment under two refund guarantees governed by English law.
The Admiralty Court has reaffirmed the test for deciding whether to grant a time extension.
The Commercial Court has recently ruled on preliminary issues in a cargo claim. The Court held that the ultimate buyer at the bottom of the chain of contracts had obtained good title to the cargo as a good faith purchaser for value.
Contracts often give you free rein to take a decision about something. Braganza looks again at how you decide what is reasonable. The ruling of the Supreme Court indicates a tougher attitude.
The English Commercial Court has confirmed that, when assessing damages for breach of contract, credit must be given for any monetary benefit, whether chosen or not, which a claimant has received, or will receive, as a result of taking reasonable steps to mitigate its loss.
Confirmation that an English law and jurisdiction clause in a bill of lading was exclusive.
The ECJ has confirmed that the Brussels Regulation does not prevent a EU member state court from recognising and enforcing an anti-suit injunction granted by arbitrators.
The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.
Yacht brokers – or anyone else keen to know when a broker will or will not be due a commission – should read on…...
English law is a popular and a practical option for newbuild contracts but even if German law is not agreed, some of its provisions may still apply.
The Court of Appeal has established a ‘bright line rule’ that an assured who tells a lie will forfeit the claim.
A time-limited offer was not previously capable of being a valid Part 36 offer. This has now changed.
The reasons given for contract terminations are many and varied, but in each case the fundamental motivation is generally the same.
The High Court has ruled on the importance of compliance with formal notice provisions in a contract when serving termination notices.
The case between two Swiss companies for the sale and purchase of oil products ends after seller fails to file defence.
From 6 April 2015, capital gains tax will be extended to non-UK residents selling UK residential property.
The offshore wind industry has taken inspiration from the more mature offshore oil and gas industry.