UKLawyers Archive of Commercial and Contract Materials - March 2006

Materials published by us on 30 March 2006

Law Resource Closes Down
Commercial and Admiralty Court
http://www.akabo.co.uk/judgmentindex.htm
This appeared on the site of the usual index:
The Index of Commercial and Admiralty Court Judgments was started
in 1997 in order to provide information about the judgments of
these Courts, many of which were not reported. In the absence of
online databases it was difficult to obtain information regarding
unreported judgments of these Courts.  Over 400 judgments of the
Commercial and Admiralty Courts decided since 1998 are now freely
available online at BAILII, and can be searched using the BAILII
search engine. These and many older judgments are also available
from commercial providers of law reports databases.  In these
circumstances, the Judges of the Commercial and Admiralty Courts
have decided to discontinue the Index of Commercial and Admiralty
Court Judgments.
 
The devil in this is that the court now expects users to approach
commercial providers and pay for for the older cases not on
BAILII.
 
The useful service which the court provided was to analyse the
cases as to subject matter and provide a (very) brief summary.  
BAILII, for all its usefulness, does not even attempt to do that
at all. 
 
Small Company - Oppressive Management - Share Valuation 
Irvine and another v Irvine and another [2006] EWHC 583 (Ch)
CH.D.
23 March 2006
Daily Law Notes Report Summary
When valuing a minority shareholding in a limited company
following a buy-out ordered by the court under s 459 of the
Companies Act 1985, the shares should be valued on a discounted
basis unless there were exceptional circumstances.

Materials published by us on 23 March 2006

Insurance, Reinsurance
Casualty and General Insurance Ltd v JLT Risk Solutions Ltd  
Langley J
Commercial Court
15 March 2006
BAILII Judgment
Duties of Brokers. Contributory Negligence. Mitigation.
 
Insurance
BP Plc v Aon Ltd & Anr Colman J
Commercial Court
13 March 2006
BAILII Judgment
Whether a placing broker in no contractual relationship with the
primary insured was under a duty of care in tort to the insured in
respect of the declaration of risks under an open cover. Whether
primary insured in breach of duty to mitigate loss. Correct
measure of damages for breach of duty of care.

Materials published by us on 16 March 2006

Revocation of Banking Licence - Bahamas
Suisse Security Bank & Trust Ltd v Francis [2006] UKPC 11
Privy Council
13 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/HLPC/mar0.8.htm
The Governor of the Central Bank of the Bahamas was entitled,
pursuant to s 14(2) of the Banks and Trust Companies Regulation
Act 2000, to suspend a bank's operating licence without notice.
 
European Union
Tavoulareas v Tsavliris & Ors
[2006] EWHC 414 (Comm)
Commercial Court
9 March 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/414.html
Recognition of foreign judgment - Articles 33 and 34 of the
Judgments Regulation, (EC) No.44/2001 - meaning of "default of
appearance" and "service" in Article 34.2. Whether "service" has a
formal meaning or is simply synonymous with notification or
delivery.
 
Arbitration
ABB AG v Hochtief Airport GmbH & Anr
[2006] EWHC 388 (Comm)
Commercial Court
8 March 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/388.html
Arbitration Award - application to set aside pursuant to s.68
Arbitration Act 1996 - whether serious irregularity causing
substantial injustice - to what extent should court go behind
reasons set out in Award to ascertain arbitrators' intentions
and/or conclusions.
 
Arbitration, Public International Law 
The Republic of Ecuador v Occidental Exploration & Production Co
[2006] EWHC 345 (Comm)
Commercial Court
2 March 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/345.html
The State of Ecuador challenged an Award under s.67 of the
Arbitration Act 1996, made by UNCITRAL arbitrators pursuant to the

terms of a Bilateral Investment Treaty ("BIT") between the USA and
Ecuador. The Award was in favour of Occidental Exploration and
Production Co ("OEPC"). Ecuador alleged that the arbitrators had
exceeded their jurisdiction because the dispute between Ecuador
and OEPC concerned "matters of taxation" so were outside the scope
of the BIT and could not be the subject of arbitration. The
challenge was rejected upon the facts and the correct construction
of the BIT.  A further challenge to the Award under s 68 of the
Arbitration Act 1996 was also rejected. So was a contingent
application by OEPC under s.67 of the Act.
 
Arbitration
Sukuman Ltd v The Commonwealth Secretariat Colman J
[2006] EWHC 304 (Comm)
Commercial Court
27 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/304.html
There was a valid exclusion agreement under Section 69 of the 1996
Act although it was not expressly referred to in the arbitration
agreement but incorporated only by reference to the statute of the
Commonwealth Secretariat. Such incorporation would not be contrary
to Article 6 of the
 
Shipping
Ease Faith Ltd v Leonis Marine Management Ltd
[2006] EWHC 232 (Comm)
Commercial Court
23 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/232.html
A dead ship was being taken from Panama to be scrapped by a Yard
in China by a tug whose services were hired under a head towcon
and under a sub-towcon both of which were in standard
International Ocean Towage form. It was held that she was not
towed "at utmost dispatch" in accordance with the terms of the
sub-towcon, and was not towed in accordance with an obligation
upon the tugowner to be implied in the head towcon that she should
be towed with reasonable dispatch. With regard to the claim under
the head towcon, the court rejected the tugowner's argument that
the hirers were precluded by equitable estoppel from asserting
part of the delay upon which they relied. As a result of the
breaches of the towcons, the hirers were entitled to recover
damages in respect (inter alia) of a reduction in the price paid
to the hirers by the Yard, that claim not being precluded as "loss
of profit" within the meaning of clause 18.3 of the standard
International Ocean Towage form. A cross-claim by the tugowners
based upon an allegation that the deadship was not in "light
ballast condition as represented to them and as undertaken by the
hirers was dismissed, inter alia because the deadship was held to
be in light ballast condition within the meaning of the sub-towcon
and the head towcon.
 
Contract, Energy, Oil, Gas and Resources 

British Gas Trading Ltd v Amerada Hess Ltd & Anr Tomlinson J
[2006] EWHC 233 (Comm)
Commercial Court
23 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/233.html
North Sea gas depletion contract - whether notice to terminate on
ground of production no longer economic validly given - proper
construction of requirement for reasons in notice provision.
 
Shipping, Charterparty, Carriage of Goods by Sea 
Pentonville Shipping Ltd v Transfield Shipping Inc, M.V. "Johnny
K"
[2006] EWHC 134 (Comm)
Commercial Court
10 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/134.html
Voyage charterparty - vessel directed to sail without full and
complete cargo because of temporary unavailability of depth of
water caused by heap tides. Whether charterers liable to pay
deadfreight/damages - whether charterers responsible for direction
to leave the berth.

Materials published by us on 9 March 2006

The Differing Approach to Commercial Litigation in the European
Court of Justice and the Courts of England and Wales  
DCA Speech
Sir Anthony Clarke
Master of the Rolls
23 February 2006
http://www.dca.gov.uk/judicial/speeches/2006/sp060223.htm
Its purpose is to highlight the differing approaches taken by the
English courts on the one hand and the European Court of Justice
("the ECJ") on the other to the exercise of its jurisdiction in
civil and commercial matters. In particular recent decisions in
the ECJ have shown that its approach to anti-suit injunctions is
markedly different from the approach adopted here, especially by
the Commercial Court and the Admiralty Court.
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