Liens and losses | Case by Case (Ep. 51)
  • Liens and losses | Case by Case (Ep. 51)

    Liens and losses | Case by Case (Ep. 51)
    This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!
    The question is all about what „goods lost or damaged“ means in the Article IV, rule 5(a) of the Hague-Visby Rules.
    Does ‚damage‘ mean physical damage ONLY? Or does it include damage through the operation of a lien over the cargo – ie. financial type damage?
  • Calum Cheyne Promoted to Partner

    Calum Cheyne Promoted to Partner

    We are absolutely delighted to announce the upcoming promotion of Calum Cheyne to Partner with the firm, effective 1 January 2023.

  • Condition, innominate or will-o‘-the wisp? | Case by Case (Ep. 49)

    Condition, innominate or will-o‘-the wisp? | Case by Case (Ep. 49)
    In this second of their trilogy of ‚look-back‘ cases, Luke and Calum explore the salient case of Bunge Corporation (New York) v Tradax Export SA (Panama) [1981] APP.L.R. 02/25.
    Ever wondered why time-based delivery clauses in a commodities sale and purchase contract are (typically) considered to be conditions?
    Ever wondered what is an innominate term?
    Ever wondered how to tell the difference between a condition and an innominate term?
    Ever wondered what is a ‚will-o‘-the-wisp‘?
    Listen in for answers and check out our ⁠YouTube channel.
  • Mash’s Potatoes | Case by Case (Ep. 48)

    Mash’s Potatoes | Case by Case (Ep. 48)
    As Luke prepares to launch the International Shipping and Commodities intensive law course at the University of Wollongong in a couple of weeks, he’s had cause to look back at some leading cases.
    Back to the 1960s. The Beatles, Civil Rights activism, flares, and… Mash & Murrell Ltd. v Joseph I. Emmanuel, Ltd. [1961].
    Some law doesn’t stand the test of time (much like poorly ventilated potatoes crossing an ocean). Some law does, as we discuss in this pod. For more, check out our ⁠YouTube channel.
  • Scottish IndyRef2 – The Supreme Court Decision Explained | Case by Case (Ep. 47)

    Scottish IndyRef2 – The Supreme Court Decision Explained | Case by Case (Ep. 47)

    This is a big case.  Scottish Independence Referendum 2 – the sequel?
    As you will have seen from the news, the UK Supreme Court handed down its decision yesterday.
    No vote allowed by Scotland without UK parliament consent. That’s the headline. But what was the actual legal case about?

  • Guess Who? | Case by Case (Ep. 46)

    Guess Who? | Case by Case (Ep. 46)
    In this episode, Luke Zadkovich and Calum Cheyne discuss the English Court of Appeal case Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2022] EWCA Civ 1484 (10 November 2022). An issue on privilege decided for the first time in centuries…
    Is the identity of individuals providing instructions for a client inherently privileged ?
    Is there a Canadian style “zone of privacy” in English law privilege?
    Don’t forget the proportionality test in RFI requests!
    The Lord Justice Males Fan Club rollicks on. Listen in to discover this surprising case. For more, check out our ⁠YouTube channel.

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