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20 May 2016
Issue: 7699 / Categories: Case law , Law digest , In Court
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Sale of goods

PST Energy 7 Shipping LLC and another v OW Bunker Malta Ltd and another [2016] UKSC 23, [2016] All ER (D) 75 (May)

The Supreme Court, in dismissing the appeal, held that arbitrators had correctly concluded that a contract for bunkers of fuel oil and gasoil had not been one of sale within s 2 of the Sale of Goods Act 1979, with the result that the appellants could have no possible defence under s 49 of the Act to the claim for the price. Further, it was not subject to any implied term, regarding performance by the first respondent (or its parent company) of any supply contract higher up the chain, though it was, no doubt, subject to an implied promise by the first respondent that the first respondent was entitled to supply them to the appellants on terms permitting their use for the propulsion of the vessel before payment.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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