OCM Singapore Njord Holdings Hardrada PTE Ltd & Ors, Re [2022] EWHC 57 – 11 January 2022 (His Honour Judge Mark Pelling QC)

The Claimant obtained summary Judgment on its claim against the Defendant issuer of LOIs enabling delivery without B/Ls. The Defendant had sought to amend its admissions (that the LOIs had been engaged) claiming the LOIs had been executed without authority. However, its application was dismissed by the Court who found that it had failed to offer evidence that only the directors were authorised to sign, and to show it had a realistically arguable case of lack of authority. In any case, the Court accepted that any unauthorised action would have been ratified by the Defendant seeking and obtaining delivery on the basis of the LOIs.

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