Dear Colleagues,

With apologies for cross-posting (but it is relevant to both the Obligations and Restitution lists), the UK Supreme Court today gave judgment in Petroleo Brasiliero SA v ENE Kos 1 Ltd [2012] UKSC 17 (http://www.supremecourt.gov.uk/docs/UKSC_2010_0157_Judgment.pdf). Taking the issue from the press summary, the appeal concerned "the rights of the owner of a time-chartered ship to payment for use of the ship and fuel by the charterer to discharge cargo after the ship has been lawfully withdrawn for nonpayment

of hire." As well as being Lord (Jonathan) Sumption's first major judicial contribution on private law, the decision engages with questions of causation, bailment and also a possible claim in unjust enrichment (although the Justices determined that it was not necessary to decide that issue on the facts). There was unanimity that the claim could succeed in bailment, relying on The Winson, and a majority (other than Lord Mance) held that an express indemnity in the charterparty was also applicable. There is also a citation for the latest edition of Goff & Jones.


Best wishes,

James


--
James Lee
Lecturer and Director of Careers
Academic Fellow of the Inner Temple
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom

Tel: +44 (0)121 414 3629
E-mail: j.s.f.lee@bham.ac.uk<mailto:j.s.f.lee@bham.ac.uk>



Web: http://www.birmingham.ac.uk/staff/profiles/law/lee-james.aspx