Court of Appeal decisions Archives

August 6, 2026

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... Read more >

June 12, 2026

Shipbuilding – Court holds that failure to provide a Refund Guarantee is an innominate term not a condition

In the recent case of SLB and others v Pak and others (1) Calver J was asked to decide on appeal whether a provision in ten shipbuilding contracts (that the shipyard provide a refund guarantee within a stated period) was in fact a condition breach of which entitled... Read more >

August 20, 2025

Misdelivery – “The Sienna” revisited

Does a financing bank need to prove that it would not have agreed to a delivery of cargo without production of original bills before it can succeed on a misdelivery claim against the carrier? The short answer to this in a recent Singapore case was “No”. Those... Read more >

June 13, 2023

The one-year time bar in Article III rule 6 of the Hague-Visby Rules applies to claims for post-discharge misdelivery

On 24 May 2023, the Court of Appeal handed down an important decision in The Giant Ace1, relating to discharge of cargoes without presentation of bills of lading, that will be of interest to traders, banks, shipowners and charterers alike. In its judgment, the Court... Read more >

May 26, 2023

Unicredit A.G. v Euronav N.V. – Court of Appeal rules on misdelivery claim under bill of lading contract

In a decision capturing the interest of financing banks, shipowners and cargo interests alike, the Court of Appeal has upheld the High Court’s decision dismissing Unicredit’s claim for damages against Euronav N.V. for delivering cargo to a third party without the... Read more >