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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

26/07/2010

E.N.E. Kos 1 Limited v Petroleo Brasileiro S.A. (The "KOS") [2010]

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

The Court of Appeal has recently handed down its judgment on the Charterers’ appeal against the decision of Andrew Smith J in this dispute. The case raises two novel points arising out of the early withdrawal of a time chartered vessel for the non payment of hire.


At the time of the withdrawal the vessel was partially laden and the Owners claimed remuneration and expenses for discharging this cargo back ashore after the charter came to an end. Andrew Smith J had held that the Owners were entitled to these sums by means of a “right correlative to” their duties as bailees of the cargo. The Court of Appeal disagreed. Since there was no element of accident, emergency or necessity in the case, the Owners were not entitled to any remuneration. They were, though, entitled to the cost of the bunkers consumed by the vessel during discharge. Longmore LJ’s judgment provides useful guidance on the application of the House of Lords’ decision in The “Winson”.


The other issue in the case concerned costs. The Owners had provided security to the Charterers for an alleged claim for wrongful withdrawal. When that claim was dismissed, the Owners claimed the bank fees they had paid for the bank guarantee as “costs of or incidental to” the proceedings. Andrew Smith J had held that the fees were recoverable as costs and the Court of Appeal agreed. In so doing, they have introduced a new head of litigation costs which is likely to arise in a large number of commercial disputes.

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