United Kingdom: Marine/ Shipping

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Article
GAFTA Default Clause Again: What Is The Date Of Default For An Anticipatory Repudiatory Breach Of Contract?
In Ayhan Sezer v Agroinvest [2024], the High Court clarified the date of default in the context of anticipatory repudiatory breaches under the GAFTA Default Clause. The court held that the default date should be the date of the first anticipatory repudiatory breach, aligning with previous case law and providing consistency in the interpretation of such breaches.
United Kingdom Commercial
QC
Quadrant Chambers
Article
Sharp v Viterra: Supreme Court Elevates Mitigation To A Fundamental Principle Of Damages And Confirms Limits On S. 69 Appeals
In Sharp Corp Ltd v Viterra BV [2024], the UK Supreme Court affirmed the principles of mitigation and compensation in damages law, highlighting their equal importance. It ruled that the appropriate market for assessing damages is where it is reasonable for the seller to resell the goods. The Court also clarified the limits of the Court of Appeal's powers under s. 69 of the Arbitration Act 1996, emphasizing that errors of fact cannot be revisited and that the Court can only review legal questions
United Kingdom Litigation
QC
Quadrant Chambers
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