header-logo header-logo

Sale of goods

20 May 2016
Issue: 7699 / Categories: Case law , Law digest , In Court
printer mail-detail

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.

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll