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02 November 2012
Issue: 7536 / Categories: Case law , Law digest , In Court
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Shipping

E D & F Man Sugar Ltd v Unicargo Transportgesellschaft mbH [2012] EWHC 2879 (Comm), [2012] All ER (D) 256 (Oct)

As a matter of construction, the phrase “government interferences” in the Sugar Charter Party Form 1999 was not intended to encompass an administrative re-scheduling of cargoes due to a fire. The phrase could not have been intended to encompass a state-sponsored port authority acting in the ordinary course of discharging its port or berth administrative function (in the same manner as any other, private port authority), as distinct from a government entity acting specifically or peculiarly in a sovereign capacity which was independent of that ordinary administrative function. What was required, at the least, was an act by a port authority, that was also a government entity, which amounted to the discharge of a sovereign function and which differed from an ordinary administrative act of which any port or berth authority (state-owned or operated or otherwise) would be
capable in the day-to-day management of a berth.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
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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