October 31, 2022

Follow up on “subjects”

In October 2020, we commented on a decision of Foxton J in the Commercial Court (1) on the subject of … subjects! In that case a “subject” was held to be a condition precedent to the formation of a contract rather than a performance condition in the contract (i.e.... Read more >

October 20, 2022

The Meaning of “Laycan”

Those involved in the commodities and shipping business will be interested to learn that in a recent case1 the Commercial Court confirmed that in free on board (“FOB”) contracts for the sale of goods the term “laycan” means “that the seller can cancel the contract if... Read more >

October 6, 2022

Misdelivery By A Carrier After Discharge – The Hague-Visby Rules Time Bar Applies

In a recent case of interest 1 the Commercial Court confirmed that the one year time bar for bringing claims against a carrier under Article III rule 6 of the Hague-Visby Rules (the HVRs) can apply to claims for mis-delivery after discharge has taken place. Prior to... Read more >

January 20, 2022

Make sure you agree and sign your CJA!

Sorting out the law and jurisdiction following a ship collision is one the most important things to deal with in the immediate aftermath of the casualty. It’s sensible to record any agreement in the form of a Collision Jurisdiction Agreement, often on the standard... Read more >

September 23, 2021

Quality term in fuel sale contract: not a condition of contract

In a significant case for oil traders, the English Commercial Court has provided useful guidance on the legal consequences arising from the delivery of off-spec fuel oil, as well as the classification of fuel quality terms in sale contracts. Galtrade Limited v BP Oil... Read more >