IISTL Research at Courts

The research conducted by our members has been influential in shaping the common and international law. Below you can see examples of our research being relied on in courts and court judgments.

 

A book chapter written by late Dr Nikaki and Professor Soyer, “Enhancing Standardisation and Legal Certainty through Standard Charterparty Contracts” which was published as Chapter 5 of B. Soyer and A Tettenborn (ed), Charterparties: Law and Practice and Emerging Legal Issues  has been cited by the Commercial Court, Queen’s Bench, in SK Shipping Europe Plc v. Capital Maritime and Trading Company [2020] EWHC 3448 (Comm) (Foxton, J, at [129]).

Professor Tettenborn’s article “Creditors and Reflective Loss: A Bar Too Far” (2019) 137 Law Quarterly Review 182 has been cited with approval by the UK Supreme Court in the landmark case of Sevilleja v. Marex Financial Ltd [2020] UKSC 31 both by Lords Reed [77] and Sales [121]. The disposal of the appeal was in line with the suggestions made in the article. The same article forms a cornerstone of the plaintiffs' appeal to the South African Constitutional Court from the Supreme Court of Appeal's decision in Hlumisa Ltd v African Investment Bank Ltd [2020] ZASCA 83, delivered on 3 July 2020.

Professor Simon Baughen's book Human Rights and Corporate Wrongs: Closing the Governance Gap (Edward Elgar Ltd, 2015) was cited with approval in the majority decision of the Supreme Court of Canada in Nevsun Resources Ltd v Araya 2020 SCC 5 [112] in connection with corporate liability under customary international law and was noted [188] in the minority decision of Brown and Rowe JJ.

Human Rights and Corporate Wrongdoings

An article written by Professor Soyer and Associate Professor Leloudas “Carriage of Passengers by Sea: A Critical Analysis of the International Regime”, published in Michigan State International Law Review in 2018, cited with approval by the District Court of Columbia in Erwin-Simpson v. Berhard (DC DC, 2019).

A monograph written by Professor Soyer, Marine Insurance Fraud (2015), was cited with approval on the elements of the insured peril of piracy by the Commercial Court (QB) in The Brillante Virtuoso (No 2) [2019] EWHC 2599 (Comm).

Marine Insurance Fraud

A chapter written by Professor Andrew Tettenborn in Marsden & Gault Collisions at Sea, 14th edn (Sweet & Maxwell, 2016) was cited by the Admiralty Court in Nautical Challenge Ltd v Evergreen Marine (UK) Ltd [2019] EWHC 163 (Admlty) at [33].

A passage in Summerskill on Laytime 6th ed (Sweet & Maxwell, 2017) (edited by Professor Simon Baughen) on an "always accessible" clause was referred to in The Aconcagua Bay [2018] EWHC 654 (Comm) by the Commercial Court

Summerskill on Laytime

The seminal text co-authored by Professor Richard Williams, Limitation of Liability for Maritime Claims 4th edn (2005) was cited with approval by the Court of Appeal in The Aqasia [2018] EWCA Civ 276.

Associate Professor George Leloudas' contribution to Shawcross and Beaumont on Air Law (Air Cargo Chapter) was cited by the US Court of Appeals for the 11th Circuit in Underwriters at Lloyds Subscribing to Cover Note B0753PC1308275000 v Expeditors Korea Ltd 882 F 3d 1033 (11th Cir, 2018). 

Air Law

A passage in Shipping Law 3rd ed (Routledge, 2004) (authored by Professor Baughen) at 143, on the loss of the carrier's right to limit under the Hague Rules was cited with approval in the Federal Court of Canada in De Wolf Maritime Safety BV v Traffic-Tech International Inc  [2017] FC 23.

Limitation of Liability for Maritime Claims 4th edn (LLP, 2005) co-authored by Professor Williams was cited on numerous points by the Supreme Court of Canada in The Realice [2014] SCC 29 and also by the Court of Appeal in The Atlantic Confidence [2014] EWCA Civ 217. 

A book chapter written by Dr Youri van Logchem “The Scope for Unilateralism in Disputed Maritime Areas”, published in The Limits of Maritime Jurisdiction (Brill, 2014) was invoked by Ghana in the merits phase of its maritime boundary dispute with Côte d’Ivoire before a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) (ITLOS/PV.15/C23/1/Corr.1). In its written reply, Ghana cited and quoted on several occasions from the book chapter and annexed the chapter to its pleadings. In the same case, Côte d’Ivoire, in developing its arguments concerning a request for interim measures of protection referred to two book chapters by Dr Youri van Logchem: “The Scope for Unilateralism in Disputed Maritime Areas”, published in The Limits of Maritime Jurisdiction (Brill, 2014) and a chapter co-authored with Judge David Anderson “Rights and Obligations in Areas of Overlapping Maritime Claims” published in The South China Seas Disputes and the law of the Sea (Edward Elgar, 2014).

An article written by Professor Soyer, Potential Legal Implications of the ISM Code for Marine Insurance (1998) International Journal of Insurance Law was cited in The Nancy [2013] EWHC 2116 (Comm) by the Commercial Court (QB) as a good illustration of the issues at stake. 

A chapter written by Professor Tettenborn in Marsden & Gault, Collisions at Sea, 13 ed, (Sweet & Maxwell, 2003) was cited by the Admiralty Court in Owners of the Stolt Kestrel v Owners of the Niyazi S [2014] EWHC 1731 (Admlty) at [89].

Collisions at Sea

A passage in Professor Baughen's chapter in The Evolving Law and Practice of Voyage Charterparties, (Informa, 2009), at paras 11.21 to 11.22 on Lord Millett's categorisation of the nature of a lien on sub freight was cited with disapproval by the Federal Court of Australia in Daebo Shipping Co Ltd v  The Ship "Go Star"  [2012] FCAFC 156.

A book co-authored by Professor Tettenborn, The Law of Damages, 2nd Ed, (Butterworths, 2010) cited by the Commercial Court in Deutsche Bank AG v Total Global Steel Ltd [2012] EWHC 1201 (Comm). The same book was cited by the Hong Kong Court of First Instance in Leung Wan Kee Shipyard Ltd v. Dragon Pearl Night Club Restaurant Ltd [2015] HKCFI 2225 at [24] and also in Talent Weaving Dyeing & Printing Ltd v. Able Billion Textiles Limited [2014] HKCFI 2246 at [34].

Contractual Duties: Performance, Breach, Termination and Remedies co-authored by Professors Andrews, Clarke, Tettenborn and Virgo (Sweet & Maxwell, 2011) was cited by the High Court in Fahim Imam-Sadeque v Bluebay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) at [215]. The same book was also cited by the New South Wales Court of Appeal in Ng v Filmlock Pty Ltd [2014] NSWCA 389 at [32].

Professor Tettenborn’s book The Law of Restitution in England and Ireland, 3rd ed (Cavendish, 2001), was cited by the Court of Appeal (at [81]) in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (In Administration) [2011] EWCA Civ 347.

The New South Wales Court of Appeal in Sadcas Pty Ltd v Business and Professional Finance Pty Ltd [2011] NSWCA 267 at [75] referred to Professor Tettenborn’s article “Damages in Conversion - Exception or Anomaly?" [1993] Cambridge Law Journal 128.

The Court of Appeal in The Mercini Lady [2010] EWCA Civ 1145 has relied on the suggestions of Professor Tettenborn expressed in an article published in [2009] Lloyd’s Maritime and Commercial Law Quarterly 417, Of FOB Sales, Seller’s Obligations and Disclaimers, on ruling the interpretation of exclusion clauses in sale contracts.  

Limitation of Liability for Maritime Claims 4th edn (2005) co-authored by Professor Williams was cited on numerous points by the Federal Court of Australia in The APL Sydney [2010] FCA 240. 

Maritime Claims

Professor Thomas’ article Fraudulent Insurance Claims: Definition, Consequences and Limitations” published in [2006] Lloyd’s Maritime and Commercial Law Quarterly was cited by the High Court in Direct Line Insurance Plc v. Fox [2009] EWHC 386 (QB).

The House of Lords in The Achilleas [2008] UKHL 48 in the process of delivering a landmark decision on remoteness of damages in charterparties referred to an article written by Professor Tettenborn published in the Journal of Contract Law in 2007 (Hadley v Baxendale Foreseeability: a Principle Beyond its Sell-by Date) stating that it offered an illuminating analysis on the subject.  

The Court of Appeal in Barbados Trust Co v. Bank of Zambia [2007] EWCA Civ 148 made references to two articles of Professor Tettenborn published in the Lloyd’s Maritime and Commercial Law Quarterly criticizing the reasoning of Lightman, J, in Don King [2000] Ch 291 on the nature of equitable assignment.

Professor DR Thomas’ contribution to Modern Law of Marine Insurance (LLP, 1996) was referred to by the Commercial Court (QB) in Thor Navigation Inc v. Ingosstrakh Insurance [2005] EWHC (Comm).

A case note by Professor Baughen in Lloyd's Maritime and Commercial Law Quarterly, [2000] LMCLQ 295 (“Problems with Deck Cargo”) was cited with approval by the Singapore Court of Appeal in Sunlight Mercantile Pte. Ltd v Ever Lucky Shipping Company Ltd [2004] 2 Lloyd's Rep. 174 and with  disapproval in Compania Sud American Vapores v MS ER Hamburg [2006] EWHC 483 (Comm) and in The Elin [2019] EWHC 1001 (Comm).

Limitation of Liability for Maritime Claims 4th edn (2005) co-authored by Professor Williams was referred to by the Commercial Court (QB) in CMA CGM SA v. Classica Shipping Co Ltd [2003] EWHC 64 (Comm). 

Professor Soyer’s award winning monograph, Warranties in Marine Insurance 1st edn (2001) was cited by the High Court of Australia in Gibbs v. Mercantile Mutual Insurance (Australia) Ltd [2003] HCA 39

Warranties in Maritime Insurance

Prof Andrew Tettenborn is the general editor of Clerk & Lindsell on Torts. Clerk & Lindsell, dating from the early nineteenth century, is with Chitty on Contracts one of the two flagship titles in Sweet & Maxwell's Common Law Library. His contributions to this book have been cited on numerous times by courts. The citations in the last decade are as follows:   

Clerk & Lindsell on Torts, 22 ed, Ch 17 cited in Business Finance Ltd v Bellagio Hospitality WB Ltd [2020] EWCA Civ 588 at [61]-[65]

Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Kallakis v AIB Group Plc [2020] EWCA Civ 588 at [46], [72]

Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Vald Nielsen Holding A/S v Baldorino [2019] EWHC 1926 (Comm) at [133], [134], [146]-[147], [158]

Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd [2019] 1 WLUK 533 at [216]-[218]

Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Peck v Grasshopper Lawnmowing Services Limited [2018] NZHC 2615 at [49]

Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in BV Nederlandse Industrie van Eiprodukten v Rembrandt Enterprises Inc [2018] EWHC 1857 (Comm) at [216]-[217]

Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Baturina v Chistyakov [2017] EWHC 1049 (Comm) at [140]

Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Hayward v Zurich Insurance Co Plc [2016] UKSC 48; [2017] AC 142 at [26]-[31]

Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Petrosaudi Oil Services (Venezuela) Ltd v Novo Banco SA [2016] EWHC 2456 (Comm) at [113]-[114]

Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Hussain v Mukhtar [2016] EWHC 424 (QB) at [32]-[34]

Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Mutual Energy Ltd v Starr Underwriting Agents Ltd [2016] EWHC 590 (TCC) at [42]

Clerk & Lindsell on Torts, 20 ed, Ch 18 cited in UBS AG (London Branch) v Kommunale Wasserwerke Leipzig GmbH [2014] EWHC 3615 (Comm) at [756]

Clerk & Lindsell on Torts, 20 ed, Ch 18 cited in Frank Houlgate Investment Co Ltd v Biggart Baillie LLP [2014] CSIH 79 at [12] and [38]

Clerk & Lindsell on Torts, 20 ed, Ch 10 cited in Northampton Regional Livestock Centre Co Ltd v Cowling [2014] EWHC 30 (QB) at [131] and [135]

Clerk & Lindsell on Torts, 20 ed, Ch 17 cited in Euromex Ventures Ltd v BNP Paribas Real Estate Advisory and Property Management UK Ltd [2013] EWHC 3007 (Ch) at [33]

Clerk & Lindsell on Torts, 16 ed, Ch 10 cited in Body Corporate No 207624 v North Shore City Council [Spencer on Byron] [2012] NZSC 83; [2013] 2 NZLR 297 at [82]

Clerk & Lindsell on Torts, 20 ed, Ch 17 cited in O'Leary International Ltd v Chief Constable of North Wales [2012] EWHC 1516 (Admin) at [17]

Clerk & Lindsell on Torts, 20 ed, Ch 17 cited in Lightning Bolt Ltd v Elite Performance Cars Ltd [2011] EWHC 4075 (Ch) at [33]

Torts