[2019] EWHC 231 (Comm) The Commercial Court handed down judgment on 8 February 2019 in HSBC Bank Plc v Pearl Corp & Ors. [2019] EWHC 231 (Comm), upholding HSBC Bank Plc’s $9 million claim against the personal guarantor of two $15 million facility agreements. HSBC had advanced $30 million to finance the acquisition of two […]

NatWest Markets plc v Stallion Eight Shipping Co. S.A. [2018] EWCA Civ 2760 In this appeal, Robert Bright Q.C. and Charles Holroyd, instructed by Watson Farley Williams, successfully represented the respondent bank.  The appeal was brought by a vessel owner against a decision of Teare J., who had dismissed the owner’s application to have its […]

[2018] EWHC 2790 (Comm) Charles Holroyd (instructed by Reed Smith LLP) acted for the Security Trustee under a Loan Agreement and successfully obtained an interim injunction requiring Fire Navigation Inc (“Owners”), owners of the m.t. “MEGACORE HONAMI” (“the Vessel”), to surrender possession of the vessel. The Security Trustee’s case was that the Owners had defaulted […]

[2018] EWHC 2643 (Comm) Jawdat Khurshid QC and Anna Gotts acted for the successful insured in expedited proceedings brought against various Lloyd’s syndicates for an indemnity under a marine cargo insurance policy arising out of the loss of cargoes shipped to Iran in 2012.  The defendant insurers resisted liability on the basis that payment “would […]

NatWest Markets plc v Stallion Eight Shipping Co. S.A. [2018] EWHC 2033 (Admlty) In a decision that will be of interest to all shipping and admiralty lawyers, Robert Bright Q.C., Charles Holroyd and Marcus Mander instructed by Watson Farley Williams, have successfully defended an application by a vessel owner to have its vessel released from […]

[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]

Alistair Schaff QC and Jocelin Gale acted for the successful claimant owners in this matter concerning maritime letters of indemnity.  The ultimate respondent and sub-charterer of the vessel, Glencore Agriculture BV, had requested that discharge of the relevant cargo be effected to its immediate buyer, Aavanti Industries Pte Ltd, and issued letters of indemnity against […]

On 25 October 2017 the Supreme Court handed down judgment in the matter of Mitsui & Co Ltd & others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & anor, (“The Longchamp”) [2017] UKSC 86. Stephen Kenny QC and Richard Sarll acted on behalf of the successful appellants.  The Supreme Court reversed the decision of […]

[2017] EWHC 1904 (Comm); [2017] 2 Lloyd’s Rep. 295 Peter Macdonald Eggers QC and Sandra Healy act for the Claimants, who are hull and machinery insurers, in an action to recover insurance proceeds paid by them, under or pursuant to a settlement agreement, to the owner, manager and mortgagee of the vessel Atlantik Confidence which was lost […]

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 […]

Dominic Kendrick QC and Gavin Geary were instructed on behalf of the successful time charterers in this appeal to the Supreme Court. The Ocean Victory was lost whilst leaving Kashima in a strong northerly gale. The vessel left the port due to difficulties at berth caused by long waves. At first instance, the Judge held […]

[2017] EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial.  In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]

The claimant brokers, POC, advanced claims for damages, originally in excess of US$100 million, for lost brokerage commissions arising from the early termination by Unipec Asia of a long term contract of affreightment with Tankers International LLC (“TI”).  POC, who acted as  TI’s brokers claimed that both Unipec UK and Unipec Asia, subsidiaries of Unipec, […]

The Cape Bari [2016] UKPC 20 On 25th May 2012, at 1318 hours, the vessel Cape Bari arrived at Freeport, Grand Bahama, with a view to berthing the vessel in order to load a cargo of ERHA crude oil at the facility owned and operated by BORCO. At or soon after 1330 hours, two pilots […]

On 5th-6th July 2011 the vessel Brillante Virtuoso was severely damaged by fire while off the coast of Aden, Yemen. The Claimants (the vessel’s owners and its mortgagee bank) maintained that the fire was caused by pirates (or thieves or terrorists or persons acting maliciously or from a political motive) and claimed under its war […]

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 […]

Surprisingly little law exists on the question whether a pre-action offer made by a prospective defendant is capable of acceptance by a prospective claimant after a relevant time limitation period has intervened. On 27 November 2015 Mr Justice Males, sitting in the Admiralty Court, handed down a judgment which touches upon that question, albeit in […]

(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 […]

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 […]

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 […]

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 […]

The Ocean Victory was “a remarkable maritime casualty”, the vessel rendered a total loss whilst leaving Kashima in a strong northerly gale. The vessel left due to difficulties at berth caused by long waves. The Judge below found in favour of the owners/demise charterers: the port was unsafe and the whole loss was recoverable from […]

[2015] EWHC 42 (Comm) On 5th-6th July 2011, the vessel Brillante Virtuoso was taken by pirates off the coast of Aden, Yemen. The pirates ordered the vessel to proceed to Somalia, but after the vessel’s main engine stopped and could not be restarted, the pirates detonated an incendiary device in the vessel’s engine room. The […]

Mr Justice Flaux has given judgment in the “B Atlantic”, a war risk insurance case in which the vessel was detained and ultimately confiscated by order of the Venezuelan courts as  a result of 130kg of cocaine being strapped to its hull by persons unknown. Neither the owners nor (despite the conviction of the master […]

The Ocean Glory concerned a challenge to an arbitral award on the ground of serious irregularity under section 68 of the Arbitration Act 1996. The Commercial Court considered and affirmed the duty incumbent on arbitrators to give notice to the parties where they intend to adopt a course of action which neither party had advocated, […]

On 24 October 2014 Stephen Hofmeyr QC, sitting as a Deputy District Judge, handed down judgment in the matter of the “Longchamp” (Mitsui & Co Ltd & Others v Beteiligungsgesellschaft LPG Tankerflotte MbH & Co KG & Anor [2014] EWHC 3445 (Comm). This decision is the latest in a spate of cases over recent years […]

As an alternative to an anti-suit injunction (outlawed in the EU by Turner v Grovit and West Tankers), the Commercial Court confirms that an award of damages for breach of an English Jurisdiction Clause is compatible with EU law. Mr Justice Flaux’s decision in Starlight Shipping Company v Allianz Marine and Aviation Versicherungs AG & […]

On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after sailing into Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel claimed against the shipowner and in some cases also against the shipowner’s cargo liability insurer, Oriental. Oriental had […]

The Court of Appeal confirms that an award of damages for breach of a jurisdiction clause is not inconsistent with EU law. To view the judgment, please click here.

In Martrade Shipping & Transport GmbH v United Enterprises Corporation [2014] EWHC 1884 (Comm), on an appeal under section 69 of the Arbitration Act 1996, Mr Justice Popplewell: (1) Set out guidance on the operation of section 12(1) of the Late Payment of Commercial Debts (Interest) Act 1998, in particular in relation to the purpose […]

On 5 June 2014, the Court of Appeal dismissed the appeal of the Owners of Falkonera, a very large crude carrier (VLCC) against the judgment of Mr Justice Eder. David Allen Q.C. and N.G. Casey of 7 King’s Bench Walk acted for the successful respondent Charterers. Charterers had chartered Falkonera on amended BPVOY4 terms. Under […]

Hamblen J decides the proper construction of a letter of undertaking provided to “owners” by time charterers as security for the potential liability in general average of cargo interests: meaning of “proper proportion” and “ascertained to be due”: the nature of ‘on-demand guarantees’: State Trading Corp of India Ltd v Doyle Carriers Inc (The Jute […]

David Bailey QC and Marcus Mander acted for the Seller before the Court of Appeal in a dispute arising under a Memorandum of Agreement for the sale of a vessel on Norwegian Saleform 1993 terms.  The dispute raised the controversial question as to the Seller’s entitlement to claim the deposit in circumstances where the Buyer […]

In an important judgment upholding the integrity and effectiveness of exclusive jurisdiction clauses generally and settlement agreements specifically, the Supreme Court, reversing the decision of the Court of Appeal, has held inter alia that a claim for breach of a settlement agreement and/or an exclusive jurisdiction clause will not attract a mandatory stay under Article […]

On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after she sailed into the midst of Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel brought claims against the owner of the vessel and in some cases also directly […]

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 […]

Sandra Healy acted for a mortgagee in ship mortgage enforcement proceedings.  Following the arrest of four mortgaged vessels, the mortgagee was granted orders for the sale of the vessels pendente lite and Teare J gave judgment addressing the principles applicable in circumstances where an in rem claimant seeks an order for the sale of a […]

(whether binding charterparty and arbitration agreement; construction of a “subject review” provision; whether there was a separable arbitration agreement; applications under sections 67, 68 and 69 of the Arbitration Act 1996).

Swallowfalls Ltd v Monaco Yachting & Technologies and another References: [2012] EWHC 2057 (Comm), [2012] EWHC 3616 (Comm) and [2013] EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]

Marcus Mander acted for the Seller in a dispute under a Memorandum of Agreement for the sale of a vessel on Norwegian Saleform 1993 terms which raised the controversial question as to the Seller’s entitlement to claim the deposit in circumstances where the Buyer fails to pay it and the Seller cancels the MOA, in […]

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.  […]

Alex MacDonald was involved in this decision relating to security for costs/payment into court in connection with arbitration appeal, including issue as to effect of set-off.

Charles Priday acted in this successful appeal against arbitration award dismissing claims under a chain of charters.  Raised issues of interpretation of awards.

In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]

In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]

Acted for a bunker supplier in a successful application to discharge an anti-suit injunction. The application raised issues about the construction and effect of a non-exclusive jurisdiction clause, the duty of full and frank disclosure and notification of applications. To view the judgment click here.

Charles Priday acted in this successful claim for detention of vessel ANDRA in St Petersburg as a result of unjustified US$ 2 million claim for cargo damage.

Charles Priday acted as Counsel successfully in resisting appeal against arbitration award, raising important issues on (1) off-hire under time charters (2) serious irregularity under Arbitration Act 1996 (3) interest claims under Late Payment of Commercial Debts (Interest) Act 1998.

This appeal to the Supreme Court concerned the rights of an owner of a time-chartered ship after the ship has been lawfully withdrawn for non-payment of hire and, specifically, the owner’s right to remuneration whilst awaiting discharge of cargo by the charterer. In finding that the owner could recover the market rate of hire from […]

A claim in the Commercial Court brought by the owner of the pipe laying vessel ‘Acergy Falcon’ against a ship repair yard for loss and damage to the vessel caused by a fire. 

David Bailey QC, Marcus Mander and Elizabeth Lindesay acted for Owners in the latest instalment of the Front Comor case, in which Flaux J. allowed an appeal by Owners from an arbitration award in respect of Owners’ claim against Italian Insurers for equitable damages for breach of the obligation to arbitrate. As is well-known, in […]

Charterparty, Jurisdiction, Statute of Frauds 1671, Guarantee

Peter MacDonald Eggers was involved in this case which concerned the construction of an off-hire clause and the Conwartime Clause in a charterparty and whether a piratical seizure was an off-hire event.

Eitzen Bulk A/S v TTMI SARL. Judgment of Eder J. on the meaning clause 15 of the Shelltime 4 form. When bunker prices tumble in a falling market, the time Charterer who charters on the terms of Shelltime 4 form’s clause 15, may feel financially incentivised to claim from the Owner on redelivery the costs […]

Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34. David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants […]

James Drake QC and Emma Hilliard appeared for the Claimants; David Bailey QC and Jocelin Gale appeared for the Intended Defendant. Practice – Compromise – Shipowner bringing proceedings against insurers for indemnity under marine insurance policy – Action settled on terms set out in Tomlin Order – Shipowner subsequently bringing claims against insurers in Greece […]

Stephen Kenny QC acted in this charterparty construction dispute for the claimant charterers, Hyundai Merchant Marine,. The preliminary issue to be determined was whether that the relevant speed and consumption guarantees in a chain of charterparties had only promised the guaranteed level of performance in good weather (BF4 and below) , or in all weathers. […]

[2011] EWHC 3103 (Comm) This is another in the line of cases deciding whether a commercial instrument is a “demand” or a “see to it” guarantee; but it also involved a careful consideration of many of the “predictable” defences raised on a claim under a guarantee, namely, variation of the underlying contract, non-disclosure of material […]

Appeared in the Commercial Court with Vasanti Selvaratnam QC in proceedings concerning a claim to enforce charterparty guarantees worth over US$40million. To see the judgment click here.

Charles Priday acted for the appellant charterers in this successful appeal to the Commercial Court from an arbitration award. Time Charterparty – Charterers’ premature redelivery – assessment of damages in circumstances where no available market at date of termination

On 7th April 2011, Arash Shipping commenced proceedings against Groupama Transport. Those proceedings raised two principal issues, namely: Whether the automatic extension of the policy of marine insurance issued by Groupama Transport in respect of 5 fleets of vessels was not prohibited by Council Regulation (EU) No 961/2010 (which entered into force on 27th October […]

In this case Stephen succeeded in setting aside an injunction obtained ex parte by Stellar Shipping restraining Cosco from selling a 79,000 dwt bulk carrier to a party other than Stellar Shipping.   Stellar Shipping and Cosco had entered into a shipbuilding contract for the construction of the ship with a sale price of US$49.8 million […]

Peter MacDonald Eggers was involved in this case that concerned an appeal from an arbitration award as to jurisdiction and whether or not a charterparty had been concluded.

Mr Berezovsky instructed Edmiston & Company Limited (“Edmiston”) to find a buyer for a luxury yacht, the DARIUS (“the Yacht”), while she was still under construction at the Lürssen shipyard in Germany.  There was no written brokerage agreement.  Edmiston (through a sub-broker) passed details of the Yacht to an Emirati family, the Al Futtaims.  In […]

[2011] EWCA Civ 24 Peter MacDonald Eggers and Sarah Cowey were involved in this decision – the first case involving a piracy claim under an insurance policy for more than 150 years – clarifies the law of marine insurance, piracy and total losses, and the treatment of ransom payments as a matter of English law […]

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

[2010] EWHC 2531 (Comm) Peter MacDonald Eggers acted in this matter concerning the claim for privilege in respect of documents in the case of third party fraud.

[2010] Lloyd’s Rep IR 1; [2009] Lloyd’s Rep IR 573 Jonathan Gaisman Q.C. and Peter MacDonald Eggers – On 17th July 2009, Mr Justice Tomlinson handed down judgment following the Phase 2 trial in the case involving the dredger “WD Fairway”. The current decision concerns the excess insurers’ entitlement to take over a vessel which […]

[2010] Lloyd’s Rep. IR 345; [2010] 1 Lloyd’s Rep. 509; [2010] 2 All ER 593; [2010] 1 All ER (Comm) 1067 Peter MacDonald Eggers and Sarah Cowey acted for insurers in relation to a marine insurance claim for an actual total loss or constructive total loss of cargo aboard a vessel seized by Somali pirates.

[2010] EWHC 442 (Comm) Peter MacDonald Eggers acted in this matter with Gavin Kealey Q.C. sitting as Deputy High Court Judge (challenges to maritime arbitration award for irregularity and permission to appeal).

Appeared with Vasanti Selvaratnam QC before the Commercial Court in a case concerning linked jurisdiction and anti-suit injunction applications. The application raised issues about the law governing ostensible authority and about the separability of jurisdiction clauses. To view the judgment click here.

[2009] 1 Lloyds Rep 107; [2009] 1 All ER (Comm) 556 Gavin Kealey Q.C. led Noel Casey for Shipowners in claim under Shelltime 4 form. Charterparty (Voyage) – Gasoil and Mogas cargoes allegedly damaged by reason of failure to separate vapour phases from common inert gas line – Owners undertaking to operate inert gas system […]

[2008] 2 Lloyds Rep 119; [2008] 1 Lloyd’s Rep. 262; [2009] 1 All ER (Comm) 908; [2008] 1 All ER (Comm) 497 Gavin Kealey Q.C. acted for shipowners in claim against time charterers concerning effect of change of International Regulations on Shipowners’ obligations under Shelltime 4 form. Charterparty (Time) – Change in international regulations – […]

[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, [2002] 2 Lloyd’s Rep. 244 Sioban Healy acted in this measure of damages in string arbitration under a series of charterparties; calculation of laytime where no valid notice of readiness given. Charter-party (Voyage) – Detention – Laytime – Berth charter – Laytime to commence when notice of readiness given – […]

[2003] 1 Lloyd’s Rep 92; [2002] 2 All ER (Comm) 806 Timothy Saloman QC; Stephen Hofmeyr QC and Peter MacDonald Eggers acted in this matter involving liability of shipowner for clausing of bill of lading Bill of lading – Clean bill – Title to sue – Berthing delay – Cargo of urea loaded – Master […]

[2002] 2 Lloyd’s Rep. 487; [2002] 2 All ER (Comm) 896; [2001] 1 All ER (Comm) 659 Sioban Healy acted in this dipute concerning whether despatch payable to charterers where no valid notice of readiness given. Charter-party (Voyage) – Laytime – Commencement – Invalid notice of readiness – Vessel completed discharge over extended period – […]

[2002] EWCA Civ 251 Peter MacDonald Eggers acted in this matter involving sale of goods; gas oil; CIF; payment of price; section 49 of the Sale of Goods Act 1979.

[1999] 1 Lloyd’s Rep. 682, [1999] 1 All ER (Comm) 138 Sioban Healy acted in a Identity of parties in ship sale contract – weight to be given to previous decision on foreign law. Practice – Sale of ship – Existence of plaintiff – Plaintiff agreed to sell vessel to defendant – Plaintiff alleged defendant […]

[1999] 1 Lloyd’s Rep. 1 Charles Priday and Sioban Healy acted in this Time and voyage charterparties: indemnity; dangerous cargo; deviation Charter-party (Time) – Delay – Damage to cargo – Vessel carrying part cargo of fishmeal from Peru to Taiwan – Vessel deviated to load and discharge other fishmeal cargoes – Problems with heating and […]

[1997] 2 All ER 929 Alistair Schaff, Stephen Hofmeyr, David Bailey, and Sioban Healy acted in a claim involving illegality and duress arising out of the first Gulf War. Marine insurance – Measure of indemnity – Suing and labouring clause – Plaintiff companies operating dredging fleet in Iraq under contract with Iraqi government – Plaintiffs […]

[1997] 1 Lloyd’s Rep. 273 Sioban Healy – Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems – Charterers bought in substitute cargo – Whether charterers’ claim in respect of cargo carried – Whether claim time barred – Whether English or […]

[1997] 1 Lloyd’s Rep. 273 Sioban Healy acted. Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statutory version of Hague Rules incorporated into an English law contract. Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems […]