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Septo Trading Inc v Tintrade Limited

7th Jul 2021

Septo Trading Inc v Tintrade Limited [2021] 2 Lloyd’s Rep 591; [2021] EWCA Civ 718

Robert Bright QC and Sarah Martin represented the respondent buyer in the appellant seller’s appeal of the judgment of Teare J at first instance, in which the Judge upheld the buyer’s claim for breach of contract arising from the sale of a cargo of fuel oil loaded on board the vessel ‘The NouNou’ in July 2018: [2021] 1 Lloyd’s Rep 258; [2020] EWHC 1795 (Comm).  The contract was evidenced by a recap which incorporated the BP 2007 General Terms and Conditions.  The Court of Appeal allowed the appeal, finding that provisions of the BP Terms that permitted a Certificate of Quality to be challenged were inconsistent with the recap, thereby precluding the buyer’s claim.

The buyer has sought permission to appeal the Court of Appeal’s decision to the Supreme Court.  The Court’s decision is awaited.