- July 5, 2017
When the boat comes in: when making a windfall profit does not count as mitigation
The Supreme Court handed down its judgment in Globalia Business Travel SAU (formerly Travelplan SAU) v Fulton Shipping Inc of Panama on 28 June 2017. It brings to an end an extraordinary saga. The parties had entered a charter party of a vessel owned by Fulton. There was a dispute and the charterer redelivered the … Continue reading When the boat comes in: when making a windfall profit does not count as mitigation →
- December 7, 2016
Are oral variations worth the paper they aren’t written on?
The recent decision in Zvi Construction Co LLC v Notre Dame University (USA) in England has been commented on in terms of its decision on expert determination. However, there is more to that case. A key issue turned on the reliance that could be placed on a clause that prevented any variation (or waiver) of the … Continue reading Are oral variations worth the paper they aren’t written on? →
- October 28, 2016
Preliminary issues: test and testiness in the TCC
“Preliminary Issues” can be such a useful way of resolving disputes that the TCC Guide specifically deals with them in section 8. Further, there are plenty of TCC cases in which preliminary issues have been ordered. Therefore, there is a good deal of guidance as to the correct test to apply in deciding whether it … Continue reading Preliminary issues: test and testiness in the TCC →
