Other Cases

DMC/SandT/11/16

United Kingdom Supreme Court

Jones v. Kaney

UK Supreme Court; Lords Philips, Hope, Brown, Collins, Kerr, Dyson, Lady Hale; [2011] UKSC 13; 30 March 2011:[[1]]

REMOVAL OF EXPERT WITNESS IMMUNITY IN CIVIL PROCEEDINGS

DMC/SandT/11/13

England

Shell Egypt West Manzala GmbH and another v Dana Gas Egypt Limited Queen’s Bench Division (Commercial Court): Tomlinson J: [2010] EWHC 465 (Comm): 10 March 2010:[[2]]

CONTRACT: JOINT VENTURE FOR GAS EXPLORATION: REPUDIATORY BREACH COMMITTED BY ONE PARTY: INNOCENT PARTY TERMINATED CONTRACT BASED ON WRONG BELIEF THAT CONTRACTUAL TERMINATION CLAUSE WAS TRIGGERED: WHETHER INNOCENT PARTY COULD JUSTIFY TERMINATION OF CONTRACT

DMC/SandT/2011/12

England

Choil Trading SA v Sahara Energy Resources Limited (The “Prem Mala”) English Commercial Court: Christopher Clarke J: [2010] EWHC 374 (Comm): 26 February 2010: [[3]]

SALE OF GOODS CARRIED BY SEA: FOB SALE CONTRACT: CIF ON-SALE CONTRACTS: QUANTIFICATION OF DAMAGES FOR DELIVERY OF CONTAMINATED GOODS IN BREACH OF FOB CONTRACT: RECOVERABILITY OF HEDGING LOSSES INCURRED IN MITIGATION IN RELATION TO CIF CONTRACTS: WHETHER TRUE CONSTRUCTION OF FOB CONTRACT EXEMPTION CLAUSE EXCLUDED RECOVERY OF HEDGING AND ADDITIONAL EXPENSES/COSTS INCURRED AS A RESULT OF BREACH OF CONTRACT

DMC/SandT/11/11

English High Court

Azimut–Benetti SpA v. Healey

English High Court: Blair J.: [2010] EWHC 2234 (Comm): 3 September 2010: [[4]]

SHIPBUILDING CONTRACT: LIQUIDATED DAMAGES: GUARANTEE: WHETHER LIQUIDATED DAMAGES CONSTITUTE A PENALTY: WHETHER A PRE-ESTIMATE OF LOSS IN THE CASE OF BREACH: WHETHER A DETERRENT: WHETHER GUARANTEE REMAINS ENFORCEABLE WHERE A PROVISION IN THE UNDERLYING CONTRACT CONSTITUTES A PENALTY: PUBLIC POLICY

DMC/SandT/11/10

United Kingdom

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & ORs

United Kingdom Supreme Court: Lord Phillips, Lord Rodger, Lord Walker, Lord Brown, Lord Mance, Lord Clarke, Sir John Dyson): [2010] UKSC 44: 27 October 2010: [[5]]

CONTRACTS: SETTLEMENT AGREEMENT: INTERPRETATION: ‘WITHOUT PREJUDICE’ COMMUNICATIONS: WHETHER FACTS DISCLOSED DURING ‘WITHOUT PREJUDICE’ NEGOTIATIONS ADMISSIBLE AS AN AID TO CONSTRUCTION OF SETTLEMENT AGREEMENT

DMC/SandT/11/09

English Court of Appeal

Thomas Crema v. Cenkos Securities PLC

English Court of Appeal (Civil Division); Hughes LJ, Aikens LJ, Chancellor Morritt; [2010] EWCA Civ 1444, 16 December 2010: [[6]]

CONTRACT PARTLY WRITTEN AND PARTLY ORAL: WHETHER TERM SHOULD BE IMPLIED: RELEVANT PRINCIPLES: RELEVANCE OF MARKET PRACTICE: EXPERT EVIDENCE: LIMITATIONS OF EXPERT EVIDENCE

DMC/SandT/11/08

English Court of Appeal

Kookmin Bank v Rainy SA and others English Court of Appeal: Thorpe and Patten LJJ and Sir Simon Tuckey: [2010] EWCA Civ 582, [2010] 1 CLC 829: 27 May 2010:[[7]]

SHIPBUILDING: LETTER OF GUARANTEE: CONTRACTUAL INTERPRETATION: EXTREME CONSEQUENCES REQUIRED TO DEPART FROM MEANING OF WORDS AS CONVEYED TO REASONABLE PERSON: NO DEPARTURE SIMPLY BECAUSE COURT WOULD REACH DIFFERENT BALANCE OF PARTIES’ INTERESTS AND OBLIGATIONS UNDER CONTRACT

DMC/SandT/10/25

England

Angara Maritime Ltd v Oceanconnect UK Ltd and Oceanconnect.com Inc (The “Fesco Angara”)[[8]]

Queen’s Bench Division, London Mercantile Court: HHJ Mackie QC: [2010] EWHC 619 (QB): 29 March 2010

SALE OF GOODS: BUNKERS/MARINE FUELS: S.25(1) OF THE SALE OF GOODS ACT 1979: SALE OF BUNKERS TO TIME CHARTERERS: BUNKERS DELIVERED TO VESSEL: FAILURE BY TIME CHARTERERS TO PAY SUPPLIERS FOR BUNKERS: RIGHT OF SUPPLIERS TO SUE OWNERS IN CONVERSION AND/OR BAILMENT FOLLOWING PREMATURE REDELIVERY OF VESSEL BY TIME CHARTERERS TO OWNERS

DMC/SandT/10/26

England

Soufflet Negoce SA v Bunge SA

English Court of Appeal: Longmore, Wilson and Toulson LJJ: [2010] EWCA 1102: 13 October 20101

http://www.bailii.org/ew/cases/EWCA/Civ/2010/1102.html

FOB CONTRACT: GAFTA 49 FORM: “IN READINESS TO LOAD”: WHETHER THIS MEANS THAT VESSEL MUST BE “READY” TO LOAD IN A LAYTIME SENSE: RISK OF GOODS DAMAGED BY UNCLEAN HOLDS ON BUYER

DMC/SandT/2010/25

England

Habas Sinai Ve Tibbi Gazlar Isthisal Endustri AS v Sometal SAL

English Commercial Court: Christopher Clarke J: [2010] EWHC 29 (Comm): 18 January 2010 [[9]]

Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2010/29.html

ARBITRATION: INCORPORATION OF ARBITRATION AGREEMENT/CLAUSE INTO CONTRACT: GENERAL REFERENCE TO PRIOR CONTRACTS BETWEEN SAME PARTIES WHICH INCLUDED ARBITRATION AGREEMENT/CLAUSE: WHETHER WORDS USED SUFFICIENT TO INCORPORATE PRIOR ARBITRATION AGREEMENT/CLAUSE

DMC/SandT/10/17

South Africa

The MV “Ioannis NK”[[10]]

The owner of the cargo lately laden on board the MV “Ioannis NK” v The Master and Crew & Others (AC 66/2009)

High Court of South Africa (Western Cape High Court, Cape Town) exercising its admiralty jurisdiction: Cleaver J.; 26 August 2009

EXAMINATION OF CREW FOR PURPOSE OF OBTAINING EVIDENCE WHERE DISPUTE SUBJECT TO FOREIGN PROCEEDINGS: EXCEPTIONAL CIRCUMSTANCES UNDER THE ADMIRALTY JURISIDICTION REGULATIONS ACT 1983: FACTORS TO BE CONSIDERED: RIGHTS OF CREW MEMBERS FOLLOWING A CASUALTY

DMC/SandT/10/16

England and Wales

Kolmar Group AG v Traxpo Enterprises Pvt Limited [[11]]

English High Court: [2010] EWHC 113 (Comm)

INTERNATIONAL SALE OF GOODS: FOB CONTRACT: ECONOMIC DURESS BY DEMANDING PAYMENT FOR LESSER AMOUNT OF GOODS AT HIGHER PRICE THAN AGREED UNDER THE CONTRACT: TORT OF INTIMIDATION: DAMAGES FOR BREACH OF CONTRACT

DMC/SandT/10/11

High Court of England and Wales

Sotrade Denizcilik Sanayi Ve Ticaret AS v Amadou LO and others (The “Duden”)[[12]]

Queen's Bench Division (Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2762 (Comm); [2009] 1 Lloyd's Rep. 145: 19 November 2008

CARRIAGE OF GOODS BY SEA: CHARTERPARTY: LONDON ARBITRATION CLAUSE INCORPORATED IN BILLS OF LADING: CONSERVATORY ARREST BY CARGO OWNER AND INSURER: JURISDICTION: ANTI-SUIT INJUNCTION: WRONGFUL INDUCEMENT OR PROCUREMENT OF BREACH OF EXPRESS AND IMPLIED TERMS OF BILL OF LADING CONTRACT: REFUSAL TO ACCEPT PROTECTION AND INDEMNITY CLUB UNDERTAKING

DMC/SandT/10/09

English High Court

Kallang Shipping SA Panama v AXA Assurances Senegal and Comptoir Commercial Mandiaye Ndiaya (The “Kallang”)[[13]]

Queen's Bench Division (Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2761 (Comm); [2009] 1 Lloyd's Rep. 124: 19 November 2008

CARRIAGE OF GOODS BY SEA: CHARTERPARTY: LONDON ARBITRATION CLAUSE INCORPORATED IN BILLS OF LADING: IMPLIED TERMS: ARREST BY CARGO OWNER AND INSURER: SECURITY: JURISDICTION: WRONGFUL INDUCEMENT OR PROCUREMENT OF BREACH OF CONTRACT: PROTECTION AND INDEMNITY CLUB: LETTERS OF UNDERTAKING

DMC/SandT/10/08

Singapore

TAT SENG MACHINE MOVERS PTE LTD V. ORIX LEASING SINGAPORE LTD:[2009] SGCA 42 [[14]]

Singapore Court of Appeal: Andrew Phang Boon Leong JA, Chao Hick Tin JA, V K Rajah JA: 11 September 2009

BAILMENT – BAILOR’S RIGHT TO IMMEDIATE RIGHT TO POSSESSION IF BAILEE’S BEHAVIOUR REPUGNANT TO TERMS OF BAILMENT – WHETHER CONTRACTUAL RIGHTS RESTRICTED BAILOR’S RIGHTS UNDER COMMON LAW

TORT – CONVERSION – WHETHER ACT OF REMOVING MACHINE FROM PREMISES AND DELIVERING IT AS INSTRUCTED AMOUNTED TO CONVERSION OF MACHINE – WHETHER ACT OF STORING MACHINE AT WAREHOUSE AMOUNTED TO CONVERSION OF MACHINE – WHETHER ACT OF REDELIVERING MACHINE TO PURPORTED OWNER AMOUNTED TO CONVERSION OF MACHINE

DMC/SandT/10/7

Hong Kong

The “Blue Bridge” (formerly known as The “Great Power”) [[15]]

Hong Kong SAR Court of First Instance: Reyes J in Chambers: HCAJ No. 136/1999: 1 February 2010 http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCAJ000136_1999-69593.html

CARRIAGE OF GOODS BY SEA: SETTING ASIDE DEFAULT JUDGMENT ENTERED INTO AGAINST A SHIPOWNING COMPANY THAT HAD BEEN DISSOLVED: APPLICATION BY RE-INSURER TO INTERVENE: AUTHORITY TO ACT FOR PRINCIPAL IN LITIGATION: DELAY IN APPLICATION TO INTERVENE: REAL PROSPECT OF SUCCESS