Standard Bulletin: Defence Special Edition, January 2015

News & Insights 8 January 2015


In this edition we cover: The Jackson reforms – Budgeting for the future of litigation, Our success in Greece, Fact or law? Anticipatory breach, Benefiting from a breach – The New Flamenco, Update on Prejudgment Security and Security and Enforcement of Judgments/Awards in the USA, Spotlight on Our New York Office, Does a charterer have to carry on paying hire during an arrest?, Update on the Commercial Dispute Resolution landscape in Singapore and Mediation – An overview.

In this edition, we cover:

Introduction
An overview of our Defence Class Cover. 

The Jackson reforms – Budgeting for the future of litigation
Litigation has often been an expensive and unpredictable exercise, with the costs of pursuing an action in the courts (or through arbitration for that matter) notoriously prone to escalation, sometimes to levels that are disproportionate to the amount in dispute. 

Our success in Greece
This article is an illustration of the club’s continuous support to a member throughout court proceedings in two jurisdictions, resulting in a successful recovery by the member of the full outstanding amount owed. 

Fact or law? Anticipatory breach
An anticipatory breach of contract occurs when a party makes it clear that it does not intend to perform an obligation under a contract – before the time for performance of that obligation is due. The innocent party may treat itself as discharged from future performance under the contract where the anticipatory breach amounts to a ‘throwing up of the contract’. This article looks at the considerations made by the court in these cases. 

Benefiting from a breach – The New Flamenco
If a charterer’s early redelivery causes the owner to sell the vessel, and the sale price obtained is in fact higher than what would have been the vessel’s value at the minimum redelivery date, must the owner give credit for this in its damages claim against the charterer? More generally, when must a claimant give credit for any benefit it has obtained from a breach of contract? 

Update on Prejudgment Security and Enforcement of Judgments/Awards in the USA
No matter how good the facts are, no matter how well the facts fit squarely into existing precedent, no matter how beautifully written the court’s decision or the arbitrators’ reasons are, it means nothing if the judgment remains uncollected. Indeed, whether any eventual judgment or award will be collected is a key factor for the club in deciding whether to support a member in a defence class case.

Spotlight: Our New York Office
An overview of the functions and capabilities of the New York Office 

Does a charterer have to carry on paying hire during an arrest? The Global Santosh
This case study illustrates the factors to be considered when a dispute arises due to a time charterer not paying hire under its charterparty after the vessel had been arrested by cargo interests. 

Update on the Commercial Dispute Resolution landscape in Singapore
The recent growth in trade and investment in Asia has been phenomenal. As a result, regional demand for dispute resolution services, especially for cross-border disputes, has increased. 

Mediation – An overview
Mediation is always worth serious consideration in the face of legal proceedings. Not only does mediation offer an alternative to a potentially costly litigation (or arbitration), but parties may also be exposed to adverse cost consequences if they refuse to attempt mediation without good reason. 

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