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17 July 2015
Issue: 7661 / Categories: Case law , Law digest
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Contract

Bunge SA v Nidera BV (formerly known as Nidera Handelscompagnie BV) [2015] UKSC 43, [2015] All ER (D) 03 (Jul)

The Supreme Court considered a dispute arising from a ban on the export of wheat from Russia, which had prevented the carrying out of an agreement to sell wheat between the defendant seller and the claimant buyer. The GAFTA Board of Appeal held that the seller was liable to the buyer. The Supreme Court held that the Board of Appeal had been right to find against the seller in liability, but that, applying the principle in Golden Strait Corpn v Nippon Yusen Kubishika Kaisha ([2007] 2 All ER (Comm) 97) the award of the Board of Appeal would be varied to substitute a sum of nominal damages.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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