Case by Case

Case by Case 53 - do bitcoin developers owe fiduciary duties to users? We think this is one of the most fascinating and interesting pods we've done. Essentially, we are discussing a legal issue here that could re-cast the entire understanding and premise of bitcoin and blockchain based systems. What I love about this discussion is the intersection of new technology and the law. How does the law ov...

Case by Case podcast - no. 52 - Leaking through an insurance loophole... 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).  Vehicle repair and refuelling garage claimed insurance cover under an all risks policy for property damage. A rock seemingly punctured...

Case by Case episode 51 - Liens and Losses.  Back for another year after a winter break with another studio episode.  This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!   Great to be in the saddle 🏇 again, with Partner Cheyne riding alongside...   Parties in London arbitration sent a legal question by consent to the...

Episode 50! What an exciting milestone. This episode, we not only celebrate our golden jubilee, but also share a special announcement: Congratulations to Calum on his promotion to Partner at our law firm, Floyd Zadkovich! We hope you, our valued listeners, enjoy this third case in our trilogy of lookback cases. We’ve been analysing a few old cases to coincide with Luke's launch of the inaugural In...

In this second of their trilogy of 'look-back' cases, Luke and Calum explore the salient case of Bunge Corporation (New York) v Tradax Export SA (Panama) [1981] APP.L.R. 02/25. As Luke is preparing to launch the inaugural course on International Shipping and Commodities Law at the University of Wollongong, he reviews key older cases in the process. Ever wondered why time-based delivery clauses in...

As Luke prepares to launch the International Shipping and Commodities intensive law course at the University of Wollongong in a couple of weeks, he's had cause to look back at some leading cases. Here's one of them: Back to the 1960s. The Beatles, Civil Rights activism, flares, and... Mash & Murrell Ltd. v Joseph I. Emmanuel, Ltd. [1961]. A commodities legal dispute over potatoes. As between i...

This is a big case.  Scottish Independence Referendum 2 - the sequel?   As you will have seen from the news, the UK Supreme Court handed down its decision yesterday.   No vote allowed by Scotland without UK parliament consent.  That’s the headline.   But what was the actual legal case about?  What issues were considered?  Why did the court rule in the way it did?...

In this episode, Luke Zadkovich and Calum Cheyne discuss the English Court of Appeal case Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2022] EWCA Civ 1484 (10 November 2022). An issue on privilege decided for the first time in centuries… Is the identity of individuals providing instructions for a client inherently privileged ? Is there a Canadian style “z...

This week Luke and Calum discuss demurrage claims and time bars in a recent SMA case Stolt Tankers BV v. Stryker Fuels LLC (MT “MONAX”) – SMA No. 4449, 4 August 2022.  How many times are we going to say that the specific words chosen in a contractual clause are important?! Yet another example - where the words used may not align with original intentions. "covered by this Charterparty" - what...

One of the most intriguing shows we've recorded. In this episode, Luke and Calum discuss the English Court of Appeal decision MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022) handed down by Lord Justice Males. From Venezuela’s collapse to global pandemic and then onto horrific war in Ukraine - force majeure clauses and sanctions have been under the spotlight.  Indeed it’s fair...

(Better if you sing that title to hear the rhyme. Get it?)Indeed Luke asked Leo Rees-Murphy and Calum Cheyne to sing us in, but alas. Jokes aside, this is one for you cargo liability lovers at P&I Clubs, commercial cargo insurers, shipowners or commodity traders/cargo interests. A dive into the interplay between Australian COGSA and English maritime arbitration clauses. Much more to this than meet...

A bumper episode on one of Luke's favourite topics: misdelivery claims. Why? Without wishing to sound too nostalgic - it was over such a claim that he met co-founding partner, Edward Floyd. The bond formed in handling that massive UK/US claim together, about 10 years ago, subsequently became the foundation of the firm. Beyond the romanticism, misdelivery claims are arguably THE quintessential mari...

In this episode, Luke Zadkovich and Calum Cheyne are back for a 1 on 1 episode after having a series of exciting guests on the podcast. They discuss London Arbitration 30/22, where the validity of a notice of readiness (NOR) submission via email is put into question.  This is a short but sweet one. The contract provided for certain forms of notice to be given. On its face, a notice outside th...

We are delighted to celebrate our 40th podcast episode of Case by Case with leading lawyer, James d'Apice of Chamberlains Law Firm from the PPL (completely made-up, Podcast Premier League)! Joining us from a land downunder, we are thrilled that James jumped on to share his thoughts, insight and above all, humour with our listeners. What is more fascinating than an old fashioned family feud of the...

Moving up in the world! This time Luke and Calum stopped by a London recording studio, and for a guest well worth the upgrade. Jim Leighton of the North of England P&I Club has been a regular listener to the podcast since the early days, and we were thrilled to have him join us on this one.  A great case to cover some serious territory - London Arbitration 29/22 featured in LMLN. A smorga...

In this episode of Case by Case, Luke Zadkovich and Calum Cheyne welcome FZ London associate Lucy Noble.  Lucy has been a real star in our team since joining on qualification a couple of years ago. This interesting case about compliance with Charterers' orders was right in her sweet spot. The three discuss the English Commercial Court case of CM P-Max III Ltd v Petroleos Del Norte SA (Re MT Stena...

In this episode of Case by Case, Luke Zadkovich and Calum Cheyne are delighted to welcome maritime arbitrator and shipbroker, Tim Hartland, to discuss a recent English Commercial Court case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm). The curly area of "subjects" always makes for a good discussion. Subjects are all about whether a contract is formed with...

This week, Luke and Calum discuss the English Commercial Court case of Lenkor Energy Trading DMCC v Irfan Iqbal Puri [2022] EWHC 2113 (Comm). World-wide freezing orders draw a lot of attention. When obtained, they can have a drastic impact on a defendant. A freezer does what it says. It maintains the status quo over a defendant's assets and prevents dissipation, while an underlying substantive cla...

Thank you to our regular listener, Jim Leighton, for this suggested London arbitration case. You were right about the Yuta controversy, Jim! We always welcome feedback and suggestions. To do the topic justice we brought in a big hitter. Philip Vagin knows this territory like the back of his hand. And he is coming on the podcast in top form, having had his published article in the Tulane Maritime L...

On this episode - we have the return of the Divinegate... listeners may remember we looked at a jurisdictional preliminary issue regarding arrest on this case a while back. Now the High Court Judgment is with us. There was not a lot of quantum in dispute, but we're glad this case was run, because it has given us a really interesting judgment on two distinct points:1 - Speed and Performance - parti...

We are seeing legal decisions on Covid cases regularly come through the courts and arbitral panels now. And this is an interesting one. Turns on wording in an influenza clause, and how that interacts with the usual clause 15 NYPE off-hire clause and a pestilence and illness clause. There's also a curly causation question in there for good measure. Calum and Luke worked very closely together at the...

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. With the imposition of recent US/UK/EU sanctions regimes, we’ve been advising extensively on the consequences. They can be...

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...

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 ge...

In this episode, Joe Gosden, FZ 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 t...