Case by Case

Today it is all about Chocolate, and not in the way you are thinking. Luke and Calum are delving into the legal implications of the decision made on 16 November 2023, by the Honourable Mr Justice Foxton in   ChocolateCity Ltd v WEA International Inc [2023] EWHC 2874 (Comm) . Chocolate City is a case that highlights what happens when a lawyer is let lose in the wild to establish a successful record...

Luke and Calum are back in the swing of things and straight into hot topic of litigation funding as they review Therium Litigation Funding A IC and Bugsby Property LLC [2023] EWHC 2627 (Comm) Its section 44, but with a different take on it. This decision is one of the first cases after the Paccar Case and it’s all about litigation funding. The litigation world was turned upside with the Supreme Pa...

Luke and Calum are back discussing the case of JWL v JPM and s.44 Applications under the Arbitration Act. Thank you for listening!

Luke and Calum are back with an episode discussing London Arbitration 14/23. We hope you enjoy!

Luke and Calum are joined by Ed to discuss a RICO (Racketeer Influenced and Corrupt Organizations Act) Statute involving international parties from Russia. Thanks for listening!

With Luke deep in hearing prep this week, Calum was joined by Miguel to look at a (slightly speculative...) attempt to use the wording of the LMAA Small Claims procedure to bar a claim. A quick fire one this week - but a snapshot into an interesting maritime law point, London Arbitration 9/23.

With Luke on the move this week, Calum drafted in his compatriot Leo Rees-Murphy to discuss the recent Supreme Court decision in Philipp v Barclays. A really instructive decision on the duties owed by a bank to their customers with respect to fraudulent transfers. It seems inevitable that we are in for a wave of banking fraud - an inevitable outcome of AI that can replicate a person's speech to an...

Case by Case 71 - Refining the law on Foreign Experts "This is not a paid commercial... but ... TimTams!"After the yummy detour, this pod is about a serious arbitration topic. The scope of an arbitration agreement. We know it well under English law. Here the question is subject to Iranian law. Before an English arbitral panel (and challenged then appealed in the English courts up to the Court of A...

Luke and Calum are back this week to talk about case CL-2022-000595. Thanks for listening !

Luke and Calum are back this week to talk about London Arbitration 7/23. Enjoy!

This week Luke and Calum discuss US Court of Appeals case Bunge, S.A. v. ADM Int'l Sarl, No. 22-1276 (3d Cir. Jun. 2, 2023). Enjoy!

This week we have a special one in store - Luke and Calum recorded an episode of Case by Case at our New York Lunch & Seminars event with a live audience of clients and colleagues. In this episode, the two recap the most important and interesting cases of 2023 so far. Enjoy!

This week Luke and Calum discuss English Court of Appeal case FIMBank PLC v KCH Shipping Co Ltd (“The Giant Ace”) [2023] EWCA Civ 569. This is a good one. All about whether a claim for misdelivery arising after discharge of the goods from the vessel is time barred or not. Hague Rules versus Hague Visby Rules... Is there a big difference between the two versions of the Convention on the application...

This week Luke and Calum discuss the English Court of Appeal case of Unicredit Bank AG v Euronav NV [2023] EWCA Civ 471. This is a fascinating case that gets into the heart of the status of paper bills of lading. It highlights the dangers for banks in relying on paper bills, where the charterparty allows for novation of the charterparty and delivery against a letter of indemnity from charterers. T...

Case by Case - episode 64: In the Bunker(s) What are bunkers? Fuel on ships. You know when you hire a rental car and it comes with a full tank... and you need to choose whether to give the car back with a full tank (having filled up yourself) or you pay the top up amount at the rental company's price? Well, we are talking about something similar here. Ships don't usually get delivered, or redelive...

This week Luke Zadkovich is joined by FZ pro bono leader Romina Santos Reyftmann to chat about a very publicly covered trademark dispute, featuring pop singer Katy Perry and an Australian clothing designer under the name of Katie Perry. Tune in for all the details on Australian Federal Court decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364. Enjoy!

This week Calum is joined once again by FZ senior associate Philip Vagin for a discussion about United States Court of Appeals, Eleventh Circuit case Corporacion AIC, SA, Plaintiff-Appellant, v. Hidroelectrica Santa Rita S.A., a Guatemalan company, Defendant-Appellee, No. 20-13039 (11th Cir. 2023). Enjoy!

This week Luke and Calum are back with a chat about England & Wales Court of Appeal case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555. Enjoy!

We go back to the moment when everyone knew what shipping lawyers dealt with. The Ever Given blocked the Suez Canal in March 2021. Luke and Calum remember it like yesterday. This case is all about the alleged contract between the salvors and the shipowners to refloat the vessel. Was there one or not? How do you know when two parties have demonstrated an ‘intention to be bound’ to a contract? Trick...

In this episode, Luke is joined by Eva-Maria Mayer, senior associate with FZ based in New York. Eva and Luke discuss Smarter Tools Inc. v. Chongqing SENCI Import & Export Trade Co. Ltd. et al., No. 21-724, (2d Cir. Jan. 17, 2023). We hope you enjoy!

This week Luke and Calum welcome a special guest! Matthew McGhee, barrister with Twenty Essex Chambers to discuss Hong Kong Final Court of Appeal case PT Asuransi Tugu Pratama Indonesia TBK v Citibank NA  [2023] HKCFA 3. We hope you enjoy!

This week Luke and Calum are joined by ZFZ Senior Associate Philip Vagin to discuss London Arbitration 2/23. Enjoy!

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). Off-hire. An essential concept in time charters. What if parties make the payment of hire absolute, in the sense that charterers are unable to deduct off-hire claims from hi...

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. The claimant seller got themselves into a procedural pickle. T...

Case by Case - episode 54 - Achilleas' Heel Here we have an audio pod on a recent shipping arbitration award. Did this one on the fly without vid. Still got into a juicy topic. 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...