In a recent judgment (The THORCO LINEAGE)1 the English High Court has considered how limitation should be calculated in respect of cargo claims under the Hague Visby Rules. Limitation under the Hague-Visby Rules Article IV r.5(a) of the Hague-Visby Rules provides as follows: “Unless the nature and value of such Read more…
There has, observed the Court of Appeal the recent case of Candey v Bosheh1, been something of an avalanche of claimants in recent years trying to show that the contract in dispute is a “relational contract”, thereby bringing with it the implied obligation of good faith. The judgment in that Read more…
In its judgment in Alize 1954 v Allianz Elementar Versicherungs A G (the CGM LIBRA)[1], the UK Supreme Court has considered the obligation of a carrier under the Hague Rules to exercise due diligence to make a vessel seaworthy. The seaworthiness obligation is fundamental to all contract of carriage. This Read more…
In the recent judgment of K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “ETERNAL BLISS”)[1] the UK Court of Appeal has held that demurrage is an exclusive remedy that covers all consequences of a charterer’s failure to load or discharge within the agreed laytime and there is Read more…
It is rare for cases involving the International Regulations for Preventing Collisions at Sea 1972 as amended (“the Collision Regulations”) to come before the UK Supreme Court. The last case to be considered by the House of Lords (the predecessor of the UK Supreme Court) was in 1976[1]. Now the Read more…
In a recent judgment[1], the UK Supreme Court has provided useful guidance on the law relating to allegations of arbitral bias and an arbitrator’s duty to disclose multiple appointments. The issues Several issues were raised: whether and to what extent an arbitrator may accept appointments in multiple references concerning the Read more…
The UK Supreme Court has delivered an important decision on the correct approach for determining the proper law of an arbitration agreement when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration chosen by the parties. Background Where an international commercial Read more…
The subject of good faith in commercial contracts under English law has been considered by the courts in a number of judgments in recent years (see our previous articles Good faith and the exercise of discretion in contracts and Good faith in commercial contracts revisited). Further judicial consideration of this Read more…
The United Kingdom Supreme Court has issued a landmark decision that provides authoritative comment on the burden of proof in marine cargo claims. This decision is likely to assist cargo interests in pursuing future claims. The Facts The claimants were the owners of nine consignments of bagged green coffee beans Read more…
The Court of Appeal has held that for the purposes of the Commercial Agents Regulations the term “Goods” does not include digital content supplied electronically. The Commercial Agents Regulations (Council Directive) 1993 The Commercial Agents Regulations (“the Regulations”) give effect to European Union Council Directive 86/653/EEC regarding the rights of Read more…