Case Summaries

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Commercial Court Louise Glover Commercial Court Louise Glover

The Magellan Spirit [2016]

“Commercial Court rejects Owners’ arguments of (i) agency, (ii) incorporation and (iii) express agreement and also considers their delay in applying is sufficient to reject Owners’ anti-suit injunction against Nigerian cargo claim in Nigeria.”

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Commercial Court Louise Glover Commercial Court Louise Glover

JSC BTA Bank v. Ablyazov and Khrapunov [2016]

“Whilst breach of a Freezing Order is punishable by imprisonment, the Court cannot order damages against the person in contempt, because the law of contempt is concerned with public interest and not private compensation. But a conspiracy to injure another by conspiring to breach a Freezing Order amounts to the tort of conspiracy to injure by unlawful means and may be compensated by an award of damages.”

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Court of Appeal Louise Glover Court of Appeal Louise Glover

Sumanu Natural Resources Ltd & Anr v Mediterranean Shipping Co SA [2016]

“Claimants did not have title to sue as neither were named in non-negotiable Bills of Lading. Second Claimant time barred under one year Hague-Visby Rules time bar in any event. Even if wrong on title to sue point, on the facts, two of the three seals on the containers were intact and, therefore, cargo of coltan ore could not have been substituted with sand and pebbles as alleged.”

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Commercial Court Louise Glover Commercial Court Louise Glover

Glencore v. PT Tera Logistic Indonesia [2016]

“Where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off under a contract, a reference to “claims” and to “all disputes arising under the contract” in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of the counterclaim.”

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