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Articles by Phyllida Spackman
King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent
In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.
The UK Ratifies The 2019 Hague Convention On The Recognition And Enforcement Of Judgments In Cross-border Disputes
On 27 June 2024, the UK formally ratified the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ("the Convention") in a significant development towards the cross-border recognition of judgments between the UK and the EU post Brexit. The Convention will come into force in England & Wales on 1 July 2025.
Gatehouse Chambers
CONTRIBUTING SINCE AUGUST 2021 Gatehouse Chambers (formerly Hardwicke) is a leading commercial chambers which specialises in arbitration and all forms of ADR, commercial dispute resolution, construction, insolvency, restructuring and company, insurance, professional liability and property disputes. It also has niche specialisms in clinical negligence and personal injury as well as private client work.
Litigation, Mediation & Arbitration
In a significant decision clarifying the scope of the ‘Mackay v Dick' principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.
RTI Ltd v MUR Shipping BV: Reasonable Endeavours Provisos Do Not Require Parties To Accept Non-contractual Performance
The Supreme Court has given judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18 on the interpretation of a force majeure clause in a shipping contract containing a proviso that parties are to make reasonable endeavours to overcome the force majeure event. In unanimously allowing the appeal, it concluded that such proviso does not oblige parties to accept an offer of non-contractual performance – even where this would achieve the same result as contractual performance and cause no detriment.
Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases
The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments. Background In 2018, the airline operator “Virgin America Inc.” merged with its competitor “Alaska Airlines” (the Defendant).
No Silver Lining For Salvors Rules UK Supreme Court
In an appeal concerning the interpretation of s.10(4)(a) of the State Immunity Act 1978, the Supreme Court in Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16 has denied salvage to the Claimant, rejecting its contention that cargo onboard a sunken vessel was in use or intended for use for commercial purposes.
“Modest, but not insignificant” costs penalty for defendants’ silence in the face of an offer to mediate
In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428, the Court of Appeal considered the costs consequences for parties who remain silent in the face of an offer to mediate. What the High Court described as a “half-hearted attempt” the Court of Appeal has rebranded a “clear offer to mediate”.
"Modest, But Not Insignificant" Costs Penalty For Defendants' Silence In The Face Of An Offer To Mediate
In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428, the Court of Appeal considered the costs consequences for parties who remain silent in the face of an offer to mediate. What the High Court described as a "half-hearted attempt" the Court of Appeal has rebranded a "clear offer to mediate".
Denial in the Nile: intention and contract formation
The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’. Introduction When one of the largest container ships in the world, the ‘Ever Given’, grounded in the Suez Canal at 05.40 UTC on 23 March 2021, so too did a substantial proportion of global trade.
The aggrieved minority: permission to continue derivative claim against three out of nine defendants in €100m fraud case denied
Home > The aggrieved minority: permission to continue derivative claim against three out of nine defendants in €100m fraud case denied The Court of Appeal dismissed the appeal in Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299 against the refusal of permission to continue a derivative action against the sixth, seventh and eighth defendants to the claim.
Denial In The Nile: Intention And Contract Formation
The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court's decision that no contract was agreed for the remuneration of salvage services provided to refloat the 'Ever Given'. When one of the largest container ships in the world, the 'Ever Given', grounded in the Suez Canal at 05.40 UTC on 23 March 2021, so too did a substantial proportion of global trade.
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