• Process of Deduction | Case by Case (Ep. 56)

    Case by Case – episode 56 – Process of Deduction. This week Luke and Calum discuss the English High Court case Fastfreight Pte Ltd v Bulk Trident Shipping Ltd (Re Arbitration Act 1996) [2023] EWHC 105 (Comm) (24 January 2023).

  • Snooze, you Lose | Case by Case (Ep. 55)

    In this week’s episode, Luke and Calum discuss English Commercial Court case Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 (Comm). Commodity sales contract dispute between buyer and seller. Seller paid significant sums but not the full price. Buyer received those sums and discharged much, but not all, of the cargo.

  • Achilleas’ Heel | Case by Case (Ep. 54)

    Late redelivery of a vessel at the end of time charter. What damages are recoverable? Surely that is settled – following the Achilleas principles… Second limb of Hadley… Special circumstances known prior to fixing, and all that…

  • Are Bitcoin Developers Fiduciaries? | Case by Case (Ep. 53)

    Do bitcoin developers owe fiduciary duties to users?
    How does the law overlay and cope with a fast developing area of societal life? How should the law regulate the internet?
    These are questions for our time. And questions that will impact the future significantly.
    Absolutely fascinating seeing the English Court of Appeal grapple with these issues on case Tulip Trading Limited (A Seychelles Company) v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83 (03 February 2023) – even if this is only Part 1 in the saga.
  • Leaking through an insurance loophole | Case by Case (Ep. 52)

    We’re over to insurance law today with a discussion on discuss the English Court of Appeal case Brian Leighton (Garages) Ltd v Allianz Insurance Plc [2023] EWCA Civ 8 (11 January 2023).
    This question split the English Court of Appeal – 2:1. Any time that happens we know there are going to be some talking points.
  • 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?