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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

19/12/2016

Michael Ashcroft QC and Oliver Caplin act for the successful defendant Sea Powerful in a dispute concerning a series of letters of indemnity

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

Teare J today handed down judgment in Oldendorff GmbH & Co KG v Sea Powerful II Special Maritime Enterprises and Others [2016] EWHC 3212 (Comm), in which Michael Ashcroft QC and Oliver Caplin acted for the successful defendant shipowner Sea Powerful ("Owners"). The dispute concerned a series of letters of indemnity issued for the discharge of cargo in China without presentation of the original bill of lading. The cargo was alleged to have been mis-delivered,and disputes arose between the various parties to the consolidated proceedings as to whether the various letters of indemnity were engaged on the facts of the case.

The Court was persuaded that the letter of indemnity issued by Oldendorff to Owners was engaged in the circumstances of the case. The case raised interesting questions of contractual construction, agency, and the extent to which the belief of a party delivering cargo pursuant to a letter of indemnity in the standard International Club 1A format had to be merely "honest", "reasonable", or "not arbitrary, capricious or irrational" (although in the end the Judge did not decide that particular issue.)


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