News & Knowledge

Litigant in person’s procedural wrangling divides the Supreme Court – decision on service by email.

In the recent judgement Barton v Wright Hassall LLP [2018] UKSC 12 the Supreme Court has considered the power under CPR 6.15(2) to order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.

Clear wording prevails - Lukoil v Ocean Tankers 2018

There are some cases where (and perhaps with a degree of hindsight) it is difficult to see how there could be any other outcome. Lukoil Asia Pacific PTE Limited v Ocean Tankers (PTE) Limited [2018] is one of them.


Schenker Ltd v Negocios Europa Ltd. 

Myton Law were pleased to be successful in the ground breaking judgment of the London Mercantile Court. In a trial of a preliminary issue, the Court judgment established that the English common law precedent against ‘set off’ in freight matters applies not only to goods moved by sea and road, but also by air.

Fitness For Purpose In Marine Construction Contracts

The UK Supreme Court has overturned a decision of the Court of Appeal and in doing so has reaffirmed the principle that a fitness for purpose obligation in a construction contract was to be given its natural effect.

A new pre-action protocol for debt claims comes into force on 1 October 2017

The new protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader).   The protocol does not apply to business to business debts unless the debtor is a sole trader.

British International Freight Association – New set of standard trading conditions

BIFA have intimated a new set of trading conditions which are going to come into force later this year on 1 October 2017.

Historic wreck salvage - claim for cannons and tin ingots time barred - R (on the application of David Knight) v The Secretary of State for Transport

Interesting salvage law issues arose in the above judgement from the Administrative Court of the Queen’s Bench Division (yes Administrative – not Admiralty!).

The New Flamenco – The Supreme Court dances to the tune of the first instance judge

The Supreme Court recently handed down its judgement in Globalia Business Travel S.A.U. of Spain v Fulton Shipping Line of Panama (the New Flamenco) [2017] UKSC 43. The judgement, which can be lauded for its brevity, helpfully sets out some principles to be applied to determine whether a windfall for a claimant seemingly connected to a defendant’s breach of contract should benefit a defendant by reducing the damages they have to pay.

Limiting your liability – the risks of a badly drafted contract

The recent High Court case of McGee Group Ltd v Galliford Try Building Ltd [2017] provides an excellent example of the importance of having a well drafted contract in place when entering into a significant commercial arrangement. The case was in fact a dispute between a main contractor and its sub-contractor on a construction project but the key lesson of the case applies to any sector.

The PSC Register and forthcoming changes

It became a legal requirement from April 2016 for all private limited companies and LLP’s to maintain a Register of People with Significant Control.

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