Admiralty Court revisits seaworthiness in General Average case
The Admiralty Court considers crew competence, passage planning and causation after the HAPPY ARAS grounding.
Articles
General information articles on English commercial law, contracts, shipping and trade, arbitration and related practice topics. They are not legal advice and should be read with the article disclaimer.
The articles in this library are by Anthony De Winton, as credited on each page. Their publication dates and historical context matter; hosting an article does not mean Robert wrote it or reviewed its current legal accuracy.
Showing 24 articles.
Liability for the escape of dangerous things - an old tort revisited
The Privy Council in Rubis Bahamas Ltd v Russell confirms the rule in Rylands v Fletcher and compares it with nuisance and negligence.
Termination of commercial contracts – notice period
Privy Council guidance about reasonable notice for terminating commercial contracts.
Court considers calculation of limitation under the Hague-Visby Rules
The High Court considers how to calculate cargo claim limitation under the Hague-Visby Rules in The THORCO LINEAGE.
Good faith revisited – An end to the avalanche
The Court of Appeal examines when a commercial contract may imply a duty of good faith in Candey v Bosheh.
Legal remedies when hostilities prevent contractual performance
How war and related disruption can affect contract performance, including frustration and force majeure clauses.
UK Supreme Court considers seaworthiness under the Hague Rules - the CGM LIBRA
The UK Supreme Court considers passage planning and a carrier's duty to make a vessel seaworthy under the Hague Rules.
DEMURRAGE AS LIQUIDATED DAMAGES
The Court of Appeal considers whether demurrage excludes further damages for a charterer's failure to load or discharge within laytime.
ALEXANDRA 1 / EVER SMART - UK Supreme Court considers the collision regulations
The UK Supreme Court considers how the collision rules apply when vessels meet near a narrow channel.
UK Supreme Court considers an arbitrator's duty to disclose multiple appointments.
The UK Supreme Court examines arbitrator bias and the duty to disclose multiple appointments in Halliburton v Chubb.
The law applicable to arbitration agreements
The UK Supreme Court considers how to determine the law governing an arbitration agreement when the contract and seat point to different laws.
FURTHER CONSIDERATION BY THE ENGLISH COURTS OF GOOD FAITH IN COMMERCIAL CONTRACTS
The Bates v Post Office judgment examines implied good-faith duties in relational commercial contracts.
UK Supreme court issues landmark judgment in cargo claim - Volcafe v. CSAV
The UK Supreme Court considers the burden of proof in marine cargo claims arising from damage to bagged coffee beans.
The meaning of "Goods" under the Commercial Agents Regulations
The Court of Appeal considers whether digital content supplied electronically counts as “goods” under the Commercial Agents Regulations.
General Data Protection Regulation - Does it apply to you?
A 2018 examination of the GDPR's territorial reach, including businesses outside the EU that process personal data of people in the EU.
English Court of Appeal considers the NYPE Interclub Agreement
The Court of Appeal interprets “act or neglect” in the Inter-Club Agreement's allocation of cargo-claim liability.
NEW FLAMENCO 2
United Kingdom Supreme Court considers whether credit should be given for a benefit arising when assessing damages for breach of contract .
English courts hold that Hague Rules package limitation does not apply to bulk cargoes
The English court examines whether Hague Rules package limitation applies to bulk cargo in the Aqasia dispute.
Retention of title - The UK Supreme Court gives judgment in PST Energy. v O.W. Bunker
The Supreme Court examines retention of title in the O.W. Bunker case, where fuel could be consumed before payment.
Consumer Rights Act 2015
An overview of the Consumer Rights Act 2015 and its application to consumer, rather than business, sales.
Retention of title - Appeal of PST Energy. v O.W. Bunker
The Court of Appeal considers retention of title for bunker fuel intended for use before the buyer pays.
The Court of Appeal confirms that interference with privacy is a tort that is separate from breach of confidence
The Court of Appeal considers misuse of private information in Vidal-Hall v Google and its relationship to breach of confidence.
SOLAS VI Regulation 2 amended to require shippers to provide verified gross mass of packed containers prior to loading
A 2016 article on the amended SOLAS VI rules requiring verified gross mass for packed containers before shipment.
The courts will not interpret a contract to rescue a party from a bad bargain
The Supreme Court considers when commercial common sense can influence the interpretation of contract terms.
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