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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

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

24/07/2013

Great Elephant Corp v Trafigura Beheer BV

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

In a judgment handed down on 25 July 2013, the Court of Appeal reversed a decision of Teare J relating to a chain of sale contracts of Nigerian crude oil. In breach of local regulations, Total, the operator of the Akpo oil terminal, commenced the loading of the vessel “Crudesky” without the presence of a representative of the Nigerian Oil Ministry, because its employees thought that the irregular loading had been authorized. This led to the vessel being detained by the Nigerian authorities for a month and a half, only being released upon payment by Total of a “fine” of USD12 million. The buyers at the top of the chain incurred considerable demurrage as a result of the delay and sought to pass their losses down the chain. The Court of Appeal decided, reversing Teare J, that force majeure clauses in the sale contracts did not protect the sellers of the cargo because the events leading to the breaches of contract were not beyond the control of Total, to who the sellers in the chain had delegated the performance of their obligation under the sale contracts to load the cargo. In that regard the court considered the relationship between the judgment of Moore-Bick J in The Kriti Rex [1996] 2 Lloyd’s Rep. 171 and the judgment of the Court of Appeal in The Marine Star [1996] 2 Lloyd’s Rep. 383. The court also decided that the intervention of the Nigerian authorities, even if disproportionate, did not amount to a break in the chain of causation.


Charles Kimmins QC and Socrates Papadopoulos, instructed by Ince & Co LLP appeared for Vitol, the successful intermediate party in the chain of sale contracts.

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