QCR Spring 2017: Is my deterrent clause enforceable?

Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] UKSC67

The Supreme Court considers the principles governing penalty clauses for the first time since 1915. Read the UK Defence Club's Soundings here.

Staff Author

UK P&I

Date25/05/2017

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On 5 August, 2020, the Supreme Court of India handed down its judgement in the case of The Chairman, Board of Trustees, Cochin Port Trust v M/S Arebee Star Maritime Agencies Pvt. Ltd. & Ors. 

Quarterly Case Review

Bunker spill from an oil and chemical tanker in ballast – Is the tanker a “ship” as defined in the CLC Convention when in ballast, and not carrying persistent oil?- Is limitation to be determined under CLC 1992 or the Bunker Convention 2001/ LLMC 76/96?