Commodities

On 7 July 2017 judgment was given by Mrs Justice Carr in the matter of Vitol SA v Beta Renowable SA, a claim for non-delivery of biofuels, in which Richard Sarll acted for the defendant supplier.  The judgment contains an interpretation of interdependent obligations in the sale of goods (e.g. the need for the buyer […]

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 [2016] 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 […]

(1) PST Energy 7 Shipping LLC (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Ltd (2) ING Bank N.V. [2015] 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 […]

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. [2015] EWHC 2022 (Comm) Robert Bright QC and Marcus Mander have won twice over for ING in its proceedings against the PST […]

Sale of metallurgical coke; guarantee; alleged serious irregularity; section 68 of the Arbitration Act 1996.

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 […]

Falkonera Shipping Co. v. Arcadia Energy Pte. Ltd [2012] EWHC 3678 (Comm.) (20 December 2012) David Allen QC led Noel Casey in this case before Eder J. successfully claiming that the Owner of the Falkonera had unreasonably refused Arcadia’s requests to transfer crude oil in a ship-to-ship transfer operation from one VLCC to another VLCC.  […]

[2011] 2 Lloyd’s Rep. 18 Jonathan Gaisman QC has recently successfully argued in the Commercial Court the case of B v S, which decided that the Scott -v- Avery provision in the FOSFA 54 arbitration clause prevents a claimant in arbitration from applying to the Court for a freezing injunction. The full judgment can be […]

[2010] 2 Lloyd’s Rep 345   Simon Picken Q.C. led Josephine Higgs in an application under section 12 of the Arbitration Act 1969 and an appeal under section 69 in relation to a FOSFA arbitration.

LMAA arbitration between disponent owner and charterer (2009): Alexander MacDonald acted alone in a claim by disponent owner, successfully recovering over US$5m in respect of lost hire under three charters for specialised ethylene carriers. Arbitration involved issue as to whether charterer entitled to rely on illegality under foreign law, and validity of notice of withdrawal.

[2008] 1 Lloyd’s Rep. Plus 1 Simon Picken Q.C. led Josephine Higgs in a claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC.  

[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]

[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]

[2000] 2 Lloyd’s Rep. 575; [2000] 1 Lloyd’s Rep. 8 Alistair Schaff QC and Adam Fenton – General average – Non-separation agreement – Construction – Bigham clause – Vessel carrying cargo of oil from Saudi Arabia to Rotterdam – Vessel encountered severe weather and hydraulic steering pumps became heavily damaged – Vessel diverted to port […]

[1996] 2 Lloyd’s Rep. 437 Stephen Phillips acted in this Commodities Arbitration – Validity of award – Whether standard terms and conditions incorporated – Remission for misconduct Sale of goods – Contract – Incorporation – Contract for purchase of Nigerian gum arabic – Sellers form of contract provided “IGPA Spot conditions to apply” – Buyers […]

[1991] 2 Lloyd’s Rep. 337; [1990] 1 Lloyd’s Rep. 354 Richard Southern – Bill of lading – Short delivery – Title to sue – Sale of cargo of oil on c.i.f. terms by second plaintiffs to first plaintiffs – First plaintiffs alleged short delivery -Whether first plaintiffs had title to sue – Whether missing oil […]

[1991] 2 Lloyd’s Rep. 277 Charles Priday – Carriage by sea – Sale of cargo of rice – Cargo originally consigned to Ministry of Defence in Somalia – Purported head representative of Somalia to the United Nations instructed vessel to carry cargo to West Africa – Instructions challenged by other Somali interests – Vessel about […]

[1990] 1 Lloyd’s Rep. 402 Jonathan Gaisman and Dominic Kendrick leading Julia Dias – Carriage by sea – Short delivery – Title to sue

[1989] 2 Lloyd’s Rep. 192 Alistair Schaff – Contract – Cancellation – Carriage by sea – Contract evidenced by booking note – Nominated vessel unlikely to arrive within laycan dates – Plaintiffs cancelled contract – Whether first or second defendants parties to and or personally liable on contract – Whether Mareva injunction should be varied

[1988] 2 Lloyd’s Rep. 34 Adam Fenton – Admiralty practice – Costs – Payment into Court – Damage to cargo of sugar – Plaintiffs accepted payment 20 days later – Whether acceptance within a reasonable time – Whether plaintiffs entitled to their costs up to date of acceptance – R.S.C., O. 22, r. 3.

[1979] AC 351; [1978] 2 Lloyd’s Rep. 305 Timothy Saloman – Sale of goods (f.o.b.) – Prohibition of export – Force majeure – Sugar sold to English merchants by Polish state enterprise – Clause in contract excusing non-delivery caused by force majeure including government intervention – Export of sugar forbidden by decree of Polish government […]