The much-awaited decision in the Ocean Victory has just been made available. We will report further once we have time to digest the 60-page judgment by Lord Clarke but, at first glance, it appears that the Appellants lost their appeal both on the unsafe port and recoverability issues. The decision is good news for the port of Kashima and for China National Chartering and Daiichi Chuo. They have successfully avoided the prospect of paying a US$160M claim which now remains with the insurers of the vessel. The legal costs are expected to run to millions of dollars and will largely fall on the unsuccessful appellants.
Supreme Court confirms Buyers’ right to loss of bargain damages
This is an important decision for all those who use the Norwegian Sale Form 2012. The Supreme Court has now held that a Buyer can claim loss of bargain damages under clause 14 of that contract if certain conditions arise. Tracking back, readers of our blog may wish to see wh[...]
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