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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

12/12/2013

Bunge S.A. v Nidera B.V.

This is an archived article, and some links may not work. Contact us if you have any questions.

The Court of Appeal has dismissed the appeal by the Sellers, Bunge, from the decision of Hamblen J ([2013] 1 Lloyd’s Rep.621) who had in turn dismissed their appeal from an award of the GAFTA Board of Appeal. The case concerned the construction of the GAFTA Prohibition Clause and Default Clause and, potentially, the application of The Golden Victory in calculating damages for anticipatory breach in sale of goods contracts.


The Court of Appeal confirmed Hamblen J’s decision on the GAFTA Clauses, accepting the argument of Buyers, Nidera, that (i) the contract would only be cancelled under the Prohibition Clause where the relevant prohibition in fact restricted shipment of the relevant type of cargo during the shipment period, and not from the moment, in advance of the shipment period, that the prohibition was imposed (even where the announcement was of a prohibition which would, if it remained in place, cover the entire shipment period); and (ii) damages were to be assessed on the basis of the difference between the market and contract price as at the default date pursuant to the Default Clause even if at common law damages would have been nominal only applying the approach in The Golden Victory. It was therefore unnecessary for the Court of Appeal to consider the application of The Golden Victory to sale of goods contracts, or Hamblen J’s suggestion in particular that it does not apply to a ‘one-off’ sale.


Members of Chambers: Andrew W Baker QC for the Appellant Sellers (instructed by Reed Smith) and Philip Edey QC for the Respondent Buyers (instructed by Hill Dickinson).

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