header-logo header-logo

25 July 2014
Issue: 7616 / Categories: Case law , Law reports , In Court
printer mail-detail

Arbitration—Appeal—Fresh evidence

Central Trading & Exports Ltd v Fioralba Shipping Company [2014] EWHC 2397 (Comm), [2014] All ER (D) 171 (Jul)

Queen’s Bench Division, Commercial Court, Males J, 16 Jul 2014

The court does not have an unfettered discretion to exclude relevant evidence on an application under s 67 of the Arbitration Act 1996 (AA 1996), nor is the only ground upon which it may do so is that the admission of new evidence would cause prejudice to the other side.

Ben Olbourne (instructed by Grier Olubi Solicitors) for the claimant. Robert Bright QC and Charles Holroyd (instructed by Jackson Parton Solicitors) for the defendant.

The claimant had a claim for loss and damage to a cargo of bagged rice carried from Thailand to Nigeria pursuant to five bills of lading on board the defendant’s vessel. The bills were subject to English law, and each contained a London arbitration clause. The claimant claimed that it had become the holder of the bills, and that rights of suit were transferred to it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll