At first glance, the case of Kommalage v Sayathakumar appears to be purely procedural and, frankly, fairly boring. However, beneath the surface lie a series of fundamental and important cardinal principles of partnership law. Continue reading
REUTERS | Luke MacGregor
July 21, 2015
Kommalage v Sayathakumar: back to first principles
REUTERS | Jean-Paul Pelissier
The case of Flame SA v Glory Wealth Shipping PTE Ltd is a warning to parties considering a repudiatory breach claim to first consider whether, at the time of the breach, they were in a position to perform their own contractual obligations. If not, it may not be worth their while to sue, as this case has determined that any damages awarded will be nominal rather than substantial. In the brave new world of costs after the Jackson reforms, there will be substantial costs risk in pursuing such claims.
Continue reading
REUTERS | Alkis Konstantinidis
ING Bank has now won for the second time in proceedings against the PST shipowning group, in what is the first case arising out of the collapse of the OW Bunker group to reach the English Commercial Court, namely PST Energy 7 Shipping LLC and Product Shipping and Trading SA v OW Bunker Malta Ltd and ING Bank NV. Continue reading