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Commercial Court Louise Glover Commercial Court Louise Glover

Fiona Trust & Holding Corporation & Ors v Privalov & Ors (Costs) [2016]

“After Defendants were awarded $59.8 million for damages caused by worldwide freezing orders against them, they were now able to recover 50% of their costs, and not 100%, since 1) Defendants did not recover their full damages claimed (some $387 million), 2) large financial investments were made towards issues on which Defendants failed, and 3) Defendants provided untruthful evidence in Court.”

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Commercial Court Louise Glover Commercial Court Louise Glover

Vinnlustodin HF Vatryggingaffelag Islands HF v Sea Tank Shipping AS (formerly known as TANK INVEST AS) [2016]

“Carriers argued that their liability in respect of a parcel of some 2000mt fish oil could be restricted pursuant to Article IV Rule 5 of the Hague Rules which provides for limitation per "package or unit". The Court held that the word "unit" refers to a physical item that is not packaged, rather than to a unit of measurement. Therefore, Hague Rules limitation does not apply to bulk cargoes.”

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Commercial Court Louise Glover Commercial Court Louise Glover

Golden Endurance Shipping SA v RMA Watanya SA & Ors [2016]

“Where bills of lading were subject to English law and applied the Hague Rules, Owners sought but failed to obtain a declaration that "suit" in Article III rule 6 meant "suit in a jurisdiction applying the Hague Rules" such that proceedings by cargo interests at the place of delivery, Morocco (which applies the Hamburg Rules), did not interrupt the time bar.”

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Commercial Court Louise Glover Commercial Court Louise Glover

L v A [2016]

“An Owner entitled to an indemnity from the Charterer was entitled to an immediate monetary payment, even when the judgment against which the indemnity was sought had an appeal pending.”

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