Podcasts

In this episode of Case by Case, Luke and Calum discuss the recent ship finance decision of OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWHC 452 (Comm) from the English Court of Appeal coming from the Commercial Court.

This one involves ship ownership, loans and repossession under unique circumstances of dealing with a US-sanctioned “Specially Designated Global Terrorist”.

Listen through for the details on this interesting one and make sure to follow on Spotify or Apple Podcasts to get notified when our next episode drops.

Yes, we have strayed away from commercial litigation and arbitration in the world of PR, celebrity, football, gossip mags, leaks, lies and truth. This case is a surreal insight into the media industry and what goes on around the world of professional football.

It is amazing that this case went through to hearing. That we have a High Court judgment detailing the ins and outs of text messages between ‘wags’ of the English football team and between celebrity and agent. The English football national former captain in the witness box.

Was Ms Rooney’s great reveal Instagram Post that Ms Vardy was leaking personal information about her life a true statement or a lie?

Huge reputations on the line. Some have been smashed by this decision – in no uncertain terms. In football, it was also risky going toe to toe with Mr Rooney. Seems as though, in celebrity PR maneuvering, going toe to toe with Ms Rooney is just as risky…

Us being us, we couldn’t only focus on the personality of the decision. We talk about some quite serious takeaways on legal case strategy, evidence gathering, evidence presentation and how to win a high-stakes case.

If you’ve enjoyed this podcast episode, please do share it in your networks, and like and subscribe to our Case by Case podcast on Spotify or Apple Podcasts. More topical or interesting cases dropping each Thursday.

A little over two years ago, Covid swept across the world for the first time, swiftly followed by law firm bulletins addressing the question of “What is Force Majeure?”. Two years on, one of the earliest examples of alleged Force Majeure caused by Covid is subject to a High Court Judgment.

The parties had agreed a contract for the sale of a ship. Due to Covid restrictions, the sellers could not get the ship into the port at which delivery was anticipated to take place. The buyer alleged force majeure, and sought a return of the deposit. The sellers denied that force majeure applied, and claimed that they were entitled to maintain the deposit (plus other sums).

Luke and Calum discuss the principles of “Force Majeure” and the construction points that the Judge considered in reaching a Judgment.

Thank you for listening, and please like/share/subscribe.

In this episode, Joe Gosden, ZFZ partner, joins Luke to discuss a fascinating topic in shipping law.

A bill of lading in the hands of a charterer is a mere receipt of goods. It is not yet a contract of carriage between bill holder and carrier. When that bill is endorsed, it becomes a contract of carriage in the hands of the non-charterer endorsee.

But what happens if the shipper/charterer holding the bill as a receipt novates away the charterparty. Is the bill operable in the hands of that shipper (and no longer the charterer)?

We study the status of the bill – is it only “suspended” when in the hands of the charterer, or does it “spring to life” on endorsement? A birth, so to speak.

There is also an interesting causation argument on whether the bank would have insisted upon presentation of original bills in any event. If not, then did the failure to present OBLs cause any loss?

Joe and Luke also discuss some of the complications for trade finance banks/companies in protecting their position with adequate security and a few war stories they’ve experienced along the way.

What is litigation privilege? When does it apply? When doesn’t it?

There is a fine line between a probable prospect of litigation and a mere possibility of it. Where to draw that line is the challenge. We explore this in detail.

This episode also serves as a user guide on litigation privilege, highlighting the key principles and how to navigate them.

The dreaded ‘waiver of privilege’ is often on a lawyer’s mind when referring to legal advice in open communications or as in this case, a witness statement. And if it isn’t, then it should be…

This is one for arbitration enthusiasts.

“We’ve always done it that way,” is said to be one of the most dangerous phrases in business.

Sometimes a case comes along that questions a process you’ve been doing for years. Appointing arbitrators – easy enough, right?! Well…

In this episode, Calum and Luke discuss what is required for an effective arbitrator appointment.