Philippa Rowe

Philippa Rowe

Reed Smith

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Court of Appeal rules on indefinite demurrage claims

MSC Mediterranean Shipping Company S.A. v. Cottonex Anstalt - [2015] EWHC 283 (Comm) - A Court of Appeal decision handed down on 27 July 2016 of this week ruled that demurrage on detained containers, which could not...more

7/29/2016 - Appeals Bills of Lading Breach of Contract Commodities Damages Good Faith Legitimate Business Interest Loss Mitigation Repudiation Shipping UK Vessels

New sanctions impose further restrictions on North Korea

The United Nations, the European Union and United States recently expanded sanctions on North Korea, issuing new restrictions which impact the mineral, energy, shipping, banking, finance, and aviation industries. United...more

5/18/2016 - Air Cargo Aircraft Asset Freeze Aviation Industry Banking Sector Economic Sanctions Energy Sector Export Controls Financial Sector General Licenses Minerals North Korea OFAC SDN List Shipping Shipping Cargo UN Security Council Vessels

The challenge of mitigating your losses where there is no available market – ‘The New Flamenco’

Mitigation of damage where there is no available market is a difficult area of law and can be challenging. As the Court of Appeal recognised recently in its judgment in The New Flamenco, “it is notoriously difficult to lay...more

2/27/2016 - Appeals Breach of Contract Charter Damages Duty to Mitigate Repudiation UK Vessels

Entire Agreement Clauses – do they work or not?

This client alert is intended to provide a summary which considers the effectiveness and limitations of entire agreement clauses. It also includes some suggestions as to how one might seek to enhance their effects to cater...more

12/2/2015 - Boilerplate Language Contract Disputes Contract Drafting Contract Terms Estoppel Misrepresentation

A timely lesson: understanding how a sale contract dispute may have serious financial consequences beyond that contract alone

In the recent case of Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd ([2015] EWHC 2288 (Comm)), Mr Justice Males provided direction on the potential liability of cargo owners to shipowners where they do not take...more

8/17/2015 - Buyers Conversion Damages FOB Terms Sales Contracts Sellers Shipping Shipping Cargo Storage Contracts Transportation Contracts Vessels

When is a "contract for the sale of goods" not a contract of sale of goods?

A recent decision in the English Commercial Court has potentially significant ramifications for the shipping and trading industry. This decision will be of interest to...more

8/3/2015 - Appeals Arbitration Arbitration Agreements Buyers Contract Formation Retention of Title (ROT) Sale of Goods Act (SOGA) Sellers Shipping Supply Contracts Terms and Conditions Transfer of Title

“The Masters of their Contractual Fate” – how not to get trapped into a contract before you are ready to commit

A recent High Court decision, Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872, serves as a timely reminder of the care parties must take when negotiating new deals so as not to become bound when they do not yet wish...more

10/18/2013 - Breach of Contract Contract Drafting Contract Formation Contract Interpretation Offers

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