• Tinkler, Tailors law on estoppel by convention | Case by Case (Ep. 19)

    Aiden Lerch joins Luke and Calum on this week’s episode, to discuss a recent (and rare) Supreme Court decision on Estoppel by Convention.

  • Stop Press! Supreme Court hands down judgment in the CMA CGM LIBRA | Case by Case (Ep. 18)

    Judgment in the CMA CGM Libra has been handed down yesterday by the Supreme Court. The result is that negligent passage planning can render a vessel “unseaworthy”, and liability for that unseaworthiness is not covered by the Article IV Rule 2 exception for errors in navigation.

    The Court carried out a detailed and comprehensive review of a number of established precedents. In doing so, the Court also rejected Owners’ arguments that there was a need for an “Attribute Threshold” (where there must be an identifiable “attribute” that is defective to cause the unseaworthiness).

    Finally, the Court agreed that the “prudent owner” test was not the sole test for unseaworthiness. While that test remains very important, the Court noted that the unseaworthiness must also go to the vessel’s ability safely to carry out the contracted voyage. That is in line with authorities including The Aquacharm, where an issue that a prudent owner would clearly seek to rectify was not sufficient to amount to unseaworthiness (in the case of The Aquacharm, overstowage preventing a vessel passing through the Panama Canal).

    Luke and Calum discuss this significant Supreme Court judgment on a critical area of maritime law.

  • Who gets the last shot… of whiskey? | Case by Case (Ep. 17)

    Luke and Calum welcome special guest Lucy Noble to recap a battle of the forms judgment newly handed down from the English Court of Appeal. The jurisdiction dispute in TRW v Panasonic [2021] EWCA Civ 1558 confirms an important exception to the last shot principle, a question of interpretation which is approached quite differently under US law.

  • “And the Nominations are…” – when an option taken gets written in | Case by Case (Ep. 16)

    In this episode, Calum and Luke use London Arbitration 20/21 as a launching point into the world of nominations, options and elections. Does a nomination become written into a contract once made? When does it not? What parallels are there with redelivery notices (eg. the Zenovia)? Or analogies with other options in a contract?

  • English law vs US law – Set off or Recoupment? Using a time barred claim as a defence | Case by Case (Ep. 15)

    Luke and Calum welcome special guest, Eva-Maria Mayer onto the podcast to discuss an interesting point of difference between US and UK law. This one involves a blast from the past, and we take a look at some important historical cases from the English House of Lords and the US Court of Appeals (Fifth Circuit).

  • Strictly Come Damages – A New-er Flamenco? Space Shipping v ST Shipping | Case by Case (Ep. 14)

    Space Shipping Ltd v ST Shipping and Transport PTE Ltd [2021] EWHC 2288 (Comm)

    Luke and Calum look at damages, arbitration appeal procedure, partial awards and much more in this recent Commercial Court decision.