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20 November 2014
Issue: 7631 / Categories: Case law , Law digest , In Court
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Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382, [2014] All ER (D) 273 (Oct)

SG made an unconditional tender of the bill of lading to the claimant bank on G’s behalf, but the claimant had declined to accept it. The claimant refused to make payment under the letter of credit and G commenced proceedings. The claimant then paid the full amount of the face value of the letter of credit. It subsequently brought proceedings against the defendant. The judge held that the claimant had become the holder of the bill of lading when it was presented at its counters under the letter of credit, and so had acquired the right to sue on that date, or when it met G’s demands. The defendant appealed. The Court of Appeal, Civil Division, in dismissing the defendant’s appeal, held that, although the judge had given a different meaning to the Carriage of Goods by Sea Act 1992, s 5(2)(b), he had been right to hold that the claimant had become the holder of the bill of lading

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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