James Kemball Ltd v "K" Line (Europe) Ltd & Kawasaki Kishen Kaisa Ltd [2019]

Commercial Court
Written By Louise Glover

James Kemball Ltd v "K" Line (Europe) Ltd & Kawasaki Kishen Kaisa Ltd [2019] EWHC 3422 — 13 December 2019 (Teare J)

“The Court dismissed an application by KKK to set aside JKL's permission to serve out of the jurisdiction proceedings for damages caused by KKK (a worldwide container shipping company) in procuring or inducing a breach by K-Euro (KKK's agent) of its…

“The Court dismissed an application by KKK to set aside JKL's permission to serve out of the jurisdiction proceedings for damages caused by KKK (a worldwide container shipping company) in procuring or inducing a breach by K-Euro (KKK's agent) of its service agreement with JKL. Although KKK's application did not succeed, the Court held that JKL failed to provide full and frank disclosure as to the grounds on which its claim in tort would be presented. In order to mark the gravity of such failure, the Court exercised its discretion by ordering JKL to pay KKK's costs of the application on an indemnity basis.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
24th December 2019

Louise Glover
Previous

Mur Shipping BV v Louis Dreyfus Company Suisse SA [2019]
Next

Alianca Navegacao E Logistica LTDA v Ameropa SA [2019]