Summer Shipping and Trade Seminar: Recent Appellate Decisions
This summer will see a crop of important appellate decisions on shipping and trade related matters, starting this Wednesday, 11 May, with the handing down of the decisions of the Supreme Court in both The Global Santosh and OW Bunkers.
Thanks to all who joined us for the evening seminar and Q&A discussion, led by the members of Quadrant who were involved in each case.
Cases discussed included:
- The Global Santosh (Supreme Court) on “charterers or their agents” in off hire and other contexts and the vexed topic of a charterer’s (or buyer’s / seller’s) liability for vicarious performance of its contractual obligations.
- OW Bunkers (Supreme Court) on the nature of a contract of sale of goods and the effectiveness of retention of title provisions in the context of bunkers and other immediately consumed goods.
- The Cape Bari (Privy Council) on contracting out of the right to limit liability under the Limitation Convention: if it is possible and, if it is, how to do it effectively.
- Spar Shipping v Grand China (Court of Appeal) on the sharply divided views as to the correctness of the previous decision in The Astra and whether the obligation to pay hire is properly to be viewed as a condition.
- The Yusuf Cepnioglu (Court of Appeal) on restraining the growth in the foreign exercise of direct rights of action against P&I Clubs by recourse to anti-suit injunction relief founded on P&I Club Rules.