Trafigura Beheer BV V Renbrandt Ltd [2017]

Court
Written By Louise Glover

Trafigura Beheer BV V Renbrandt Ltd [2017] EWHC 3100 (Comm) —1 December 2017

“More than 7 years after delivery, the buyer of a consignment of gasoil filed a complaint in Nigeria, alleging that it was "off-spec". The sale contract was subject to English law and jurisdiction and the seller sought a declaration of non-liability…

“More than 7 years after delivery, the buyer of a consignment of gasoil filed a complaint in Nigeria, alleging that it was "off-spec". The sale contract was subject to English law and jurisdiction and the seller sought a declaration of non-liability from the English Commercial Court, on a summary basis. The Court rejected the buyer's argument that the claim for a declaration was time-barred, ruling that there is no accrual date for a claim that a person has not broken a contract. The Court also noted that to hold otherwise would strip the seller of protection against an otherwise time-barred claim being pursued in a non-contractual jurisdiction.”

Louise Glover
E. G. Arghyrakis & Co.
06th December 2017

Louise Glover
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