OW Bunker – 7KBW team triumphs again in landmark Supreme Court decision
The Supreme Court has this morning handed down its judgment in the “Res Cogitans” (PST Energy 7 Shipping LLC and another v OW Bunker Malta Ltd and another  UKSC 23). The judgment marks a resounding success for the respondents, OW Bunker Malta Ltd (“OW Malta”) and ING Bank NV (“ING”), who were represented by […]
May 11, 2016
PST v OW Bunker: CA confirms not a contract of sale
(1) PST Energy 7 Shipping LLC (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Ltd (2) ING Bank N.V.  EWCA Civ 1058 Robert Bright QC and Marcus Mander have again succeeded in proceedings arising out of the collapse of the OW Bunker group – this time with Clara Benn, in an […]
October 22, 2015
Stolt Kestrel BV v Sener Petrol Denizcilik Ticaret AS AND CDE S.A. v Sure Wind Marine Limited
Admiralty practitioners and other dedicated readers of the Lloyd’s Law Reports will be aware of a spree of recent decisions of the Admiralty Court concerning the 2-year time limitation period prescribed by section 190, Merchant Shipping Act 1995 for the commencement of collision actions. Those cases are: CDE SA v Sure Wind Marine Ltd (The […]
October 15, 2015
O W Bunker
When is a sale not a sale? When it’s OW Bunker (1) PST Energy 7 Shipping LLC (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Ltd (2) ING Bank N.V.  EWHC 2022 (Comm) Robert Bright QC and Marcus Mander have won twice over for ING in its proceedings against the PST […]
July 14, 2015
Shagang South-Asia (Hong Kong) Trading v Daewoo Logistics
English High Court boost for Hong Kong arbitration Robert Bright QC succeeded in an arbitration claim on a fixture note providing: “Arbitration: Arbitration to be held in Hong Kong. English law to be applied,” as well as incorporating Gencon 1994. The issue was whether the Arbitration Act 1996 applied, either because the arbitration itself was […]
February 5, 2015
Tartsinis v Navona – A rare bird: a successful rectification claim. Won by Robert Bright QC
An apparently normal case – a dispute under a Share Transfer Agreement – resulted in a very unusual outcome in commercial litigation – a successful claim for rectification, won by Robert Bright QC. Two individuals, Tartsinis and Nikolaou, agreed to sell their shares in a company that owned a fleet of 5 ships to the […]
January 19, 2015
Glencore Energy UK Ltd v Cirrus Oil Services Limited
Members of 7KBW featured on both sides of the dispute in Glencore Energy UK Ltd v Cirrus Oil Services Limited  EWHC 87 (Comm), Robert Bright QC and Sandra Healy represented Glencore and Stephen Kenny QC represented Cirrus Oil Services. Issues of contract formation, the identity of the negotiating parties, and the assessment of the […]
January 24, 2014
Primera Maritime (Hellas) Ltd v Jiangsu Eastern Heavy Industry Co Ltd
 1 Lloyd’s Rep. 255 To view the judgment please click here.
October 15, 2013
“Crude Sky” Great Elephant Corporation v Trafigura Beheer B.V.
This judgment considers the law on the Sale of Goods Act implied terms of right to sell and quiet possession, and the law on force majeure. Robert Bright QC and Jessica Sutherland acted for Trafigura in its successful appeal from the judgment of Teare J of 27 June 2012. The dispute related to a chain […]
July 25, 2013
Guangzhou Dockyards Co Ltd v ENE Aegiali I
Robert Bright QC, Charles Holroyd – Whether the parties to an arbitration agreement could confer on the Court jurisdiction to hear appeals on issues of fact
November 5, 2010
“Aconcagua” Compania Sud Americana De Vapores S.A. -v- Sinochem Tianjin Import and Expert Corp.
 1 Lloyd’s Rep. 1 Robert Bright Q.C. and Anna Gotts acted for the defendant shippers in a case arising out of the explosion of a dangerous and negligently stowed cargo. Carriage by sea — Dangerous cargo — Explosion of cargo of calcium hypochlorite in container — Cargo stowed near bunker tank — Crew heating […]
April 1, 2010
Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd
Robert Bright QC and Sarah Martin successfully represented the claimant in an arbitration claim in which a declaration was sought under s 32 of the Arbitration Act 1996 that arbitral tribunals appointed pursuant to LME Arbitration Regulations had jurisdiction to determine claims arising from contracts for the sale of zinc.
July 24, 2009
Dolphin Maritime & Aviation Services Ltd -v- Sveriges Angfartygs Assurans Forening
 1 All ER (Comm) 473;  2 Lloyd’s Rep. 123 Robert Bright QC – Conflict of laws — Jurisdiction — Claimant recovery agent bringing proceedings in England against Swedish P&I Club in tort for procuring breach of contract and unlawful means conspiracy — Whether damage occurred in England — Council Regulation (EC) 44/2001, article […]
April 2, 2009
“Bremen Max” Farenco Shipping Co Ltd -v- Daebo Shipping Co Ltd
 1 Lloyd’s Rep. 81;  1 All ER (Comm) 423 Stephen Hofmeyr QC led Sarah Martin; Robert Bright QC – Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Cargo discharged against LOI requiring charterer to put up security […]
November 11, 2008
Steamship Mutual Underwriting Association (Bermuda) Limited -v- Sulpicio Lines
 2 Lloyd’s Rep. 269 Robert Bright QC and Jessica Sutherland acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. […]
April 4, 2008
“Luxmar” ERG Raffinerie Mediterranee Spa -v- Chevron Usa Inc
 2 Lloyd’s Rep. 542;  2 All ER (Comm) 548;  2 Lloyd’s Rep. 543;  2 All ER (Comm) 913 Robert Bright QC – Sale of goods (fob) – Construction – Nominated vessel arriving within laycan period – Delay by sellers in loading vessel – Buyers terminating contract for repudiatory breach – Whether […]
May 22, 2007
ABB Brown Boveri -v- Hiscox Dedicated
 EWHC 1150 (Comm) Richard Southern Q.C. leading Charles Holroyd; and Robert Bright Q.C were involved in a claim against insurers and brokers on a programme of contract frustration indemnity insurance.
May 16, 2007
Australia And New Zealand Banking Group Ltd -v- Compagnie Noga D’importation Et D’exportation SA
 1 Lloyd’s Rep. 487 Robert Bright QC – Settlement agreement – Allegation of fraud made against bank in proceedings against bank and other defendants – Settlement between bank and claimants on basis that allegations of fraud would not be repeated – Proper construction of settlement – Whether settlement contrary to public policy
February 21, 2007
Standard Steamship Owners Protection & Indemnity Association -v- GIE Vision Bail
 Lloyds’ Rep. IR 407 Stephen Kenny (Robert Bright being his opponent) acted for Louis Duty Free Shops, an operator of shopping concessions on Festival Cruise Lines vessels. Cover for its employees had been placed by Festival’s brokers with a P&I Club, which (on Festival’s default) claimed against Louis Duty Free Shops for all unpaid […]
December 15, 2004
South Caribbean Trading Ltd. -v- Trafigura Beheer BV
 1 Lloyd’s Rep. 128 Adam Fenton QC and Robert Bright – Contract – Sale of fuel oil – Whether implied term that fuel oil should consist of components supplied by buyer under separate contract – Whether contract varied so as to extend delivery date – Whether buyer estopped from denying extension of delivery date […]
November 22, 2004
Vinmar International Ltd and another -v- Theresa Navigation SA
 2 All ER (Comm) 243 Robert Bright – Negligence – Causation – Intervening act – Conduct of claimant – Contamination of parcel of ethylene – Coolant parcel indicating vessel unsuitable for carriage of ethylene – Loading continuing notwithstanding indication – Master playing little part in loading process – Owners admitting vessel unfit to carry […]
March 7, 2001
Andrea Merzario Ltd. -v- Internationale Spedition Leitner Gesellschaft G.M.B.H.
 1 Lloyd’s Rep. 490;  1 All ER (Comm) 883 Robert Bright – Carriage by road – CMR – Article 31 – Construction – Claimant contracting carrier for carriage of consignment of whisky from Scotland to Vienna – Defendant claimant’s sub-contractors – Whisky stolen – Claimant sought indemnity or contribution from defendant – Defendant […]
January 23, 2001
“Kapitan Sakharov” Northern Shipping Co. -v- Deutsche Seereederei G.M.B.H. And Others
 2 Lloyd’s Rep. 255 Robert Bright – Carriage by sea – Unseaworthiness – Due diligence – Undeclared and dangerous cargo – Explosion caused fire on deck and vessel sank – Whether explosion caused by undeclared and dangerous cargo – Whether stowage of cargo below deck rendered vessel unseaworthy – Whether shipowners exercised due diligence […]
March 3, 2000
MDIS Ltd (Formerly Mcdonnell Information Systems Ltd) –v- Swinbank London & Edinburgh Insurance Co Ltd Aegon Insurance Co (UK) Ltd
 Lloyd’s Rep IR 516 Jonathan Gaisman QC and Robert Bright – Insurance (professional indemnity) – Operative clause applying to allegations against the assured – Cover for negligence and fraud – Dishonesty exclusion where assured could reasonably have discovered dishonesty on the part of employees – Compromise agreement entered into by assured – Whether policy […]
July 19, 1999
Federal Insurance Co. And Chubb Insurance Co. Of Europe S.A. –v- Transamerica Occidental Life Insurance Co. Transamerica Occidental Life Insurance Co. –v- Federal Insurance Co. And Chubb Insurance Co. Of Europe S.A.
 2 Lloyd’s Rep. 286;  2 All ER (Comm) 138 Dominic Kendrick Q.C. led Christopher Butcher; and Robert Bright – Arbitration – Arbitrator – Appointment – Substitute arbitrator – Arbitrator resigned as a result of ill health – New arbitrator to be appointed – Whether re-appointing party had 30 days to nominate new arbitrator […]
June 21, 1999
“Nea Tyhi” and “Nea Elpis” Nueva Fortuna Corporation V. Tata Ltd.; Nueva Esperanza Corporation V. Tata Ltd.
 2 Lloyd’s Rep. 497 Robert Bright – Agency – Undisclosed principal – Joint venture partner and co-principal – Plaintiffs time chartered vessels to third party – Third party sub-chartered vessels to defendants – Default on charters – Plaintiffs claimed against defendants – Whether sub-charters sham contracts – Whether real relationship between defendant and third […]
June 17, 1999
Mcdonnell Information Systems Ltd -v- Swinbank And Others
 Lloyd’s Rep IR 98 Robert Bright – Professional indemnity insurance – Operative clause applying to allegations against the assured – Cover for negligence and for fraud – Fraud exclusion where assured could reasonably have discovered fraud – Compromise agreement entered into by assured – Whether policy responded to allegations or whether proximate cause of […]
December 16, 1998
“Hector” Sunrise Maritime Inc. -v- Uvisco Ltd.
 2 Lloyd’s Rep. 287 Robert Bright – Bill of lading – Validity – Owners’ or charterers’ bill – Vessel sub-chartered for carriage of steel to Guatemala – Predated bills of lading issued – Charterers in financial difficulties – Whether bills of lading owners’ or charterers’ bills – Whether bill of lading authorized by owners […]
March 16, 1998
Coggins T/A PC Transport -v- Lkw Walter International Transportorganisation A.G.
 1 Lloyd’s Rep. 255 Robert Bright – Carriage by road – CMR – Successive carriers – Consignment note – Plaintiff sub-contracted carriage – Driver found in possession of drugs and vessel and consignment impounded – Whether plaintiff successive carriers – Whether acceptance by plaintiff of consignment note
March 5, 1998
Mander And Others –v- Commercial Union Assurance Company Plc And Others Mander And Others –v- Prudential Assurance Company Ltd Pearl Assurance Plc Mander And Others –v- Gyngell Dobinson Gregory Company Ltd David Gyngell & Company Ltd
 Lloyd’s Rep IR 93 Robert Bright – Retrocession – P&I risks – Declarations – Whether properly made and accepted – Reinsured subscribing to open covers developed by brokers for insurance of marine P&I liabilities – Brokers seeking to retrocede reinsureds liabilities under those covers by declaring them under further open Marine Multi-liability Cover subscribed […]
January 21, 1998
Lukoil-Kalingradmorneft Plc -v- Tata Ltd. And Global Marine Transportation Inc.
 1 Lloyd’s Rep. 365 Robert Bright – Towage agreement – Lien – Authority – Actual or ostensible – Agreement for towage of vessels from Canada to India – Instalments of towage price not paid and agreement terminated – Vessels arrived and arrested in Namibia – Whether second defendants had actual or ostensible authority to […]
October 1, 1997
Balkanbank -v- Taher
 1 WLR 1057 (C.A.) (No. 1) and  1 WLR 1067 (C.A.) (No.2) Timothy Saloman Q.C. and Robert Bright acted in a Jurisdiction dispute arising from worldwide Mareva injunction in aid of foreign proceedings. Injunction – Mareva injunction – Cross-undertaking in damages – Injunction discharged by consent – Inquiry into damages – Court’s discretion […]
November 18, 1994
Milano Assicurazioni S.P.A –v- Walbrook Insurance Co. Ltd
 LRLR 188;  1 WLR 977 Gavin Kealey and Robert Bright acted in this matter – Practice – Writ – Specially endorsed writ – Amendment – Plaintiff seeking to amend specially endorsed writ to incorporate material obtained on discovery – Plaintiff intending material to be available to third party – Whether breach of implied […]
January 25, 1994
“Reefer Creole” Abdullah Ali Almunajem Sons Co And Others V. Recourse Shipping Co. Ltd.
 1 Lloyd’s Rep. 584 Robert Bright – Practice – Writ – Validity – Carriage by sea – Alleged breach of contract – Writ and concurrent writ served on defendants in Greece and Cyprus – Greek law prescribed different period for validity of writ – Whether writ valid for four or six months – Whether […]
November 17, 1993
“Saetta” Forsythe International (U.K.) Ltd. -v- Silver Shipping Co. Ltd.
 1 WLR 1334;  1 All ER 851;  2 Lloyd’s Rep. 268 Robert Bright – Shipping – Charterparty – Time charter – Bunkers, title to – Charterers contracting to provide and pay for all fuel – Plaintiffs supplying bunkers – Title in bunkers to be retained by plaintiffs until payment – Shipowners withdrawing […]
May 19, 1993
Touche Ross & Co. And Others -v- Colin Baker
 2 Lloyd’s Rep. 207;  2 Lloyd’s Rep. 230 Robert Bright – Insurance (Professional Indemnity) – Discovery extension cover – Defendant gave notice of refusal to renew line – Plaintiffs claimed discovery extension cover – Whether such claim could only be made if all participating underwriters refused to renew
July 18, 1992
New England Reinsurance Corporation First State Insurance Co -v- Messoghios Insurance Co SA
(1993) 2 Re LR 43;  2 Lloyd’s Rep. 251 Robert Bright – Jurisdiction – Reinsurance dispute – Domicile – Place of performance – Writ issued in England by United States cedants against Greek reinsurer – Whether cedants had good arguable case that place of performance of obligation was London – Whether telex messages exchanged […]
March 13, 1992
Union International Insurance Co. Ltd. -v- Jubilee Insurance Co. Ltd.
(1992) 1 Re LR 25;  1 WLR 415;  2 Lloyd’s Rep. 89;  1 All ER 740 Robert Bright – Practice – Writ – Service out of jurisdiction – Contract made by foreign plaintiff through agent within jurisdiction – Whether power to order service of writ out of jurisdiction
December 3, 1990