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.
The chapter written by Dr George Leloudas on bodily injury in Shawcross and Beaumont, the leading practitioner’s book on the Montreal Convention 1999, was cited by approval by the Federal Court of Australia in Grueff v Virgin Australia Pty Ltd  FCA 501.
Second edition of a monograph written by Professor Tettenborn, The Law of Damages (2010, Lexis Nexis) has been cited by the High Court of Australia in Arsalan v Rixon, Nguyen v Cassim  HCA 40 with approval in ruling that damages can be awarded for “loss of amenity or enjoyment of the use” of a chattel which has been damaged and is being repaired.
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  EWHC 3448 (Comm) (Foxton, J, at ).
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  UKSC 31 both by Lords Reed  and Sales . 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  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  in connection with corporate liability under customary international law and was noted  in the minority decision of Brown and Rowe JJ.
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)  EWHC 2599 (Comm).
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  EWHC 163 (Admlty) at .
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  EWHC 654 (Comm) by the Commercial Court.
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  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).
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  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  SCC 29 and also by the Court of Appeal in The Atlantic Confidence  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  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  EWHC 1731 (Admlty) at .
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"  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  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  HKCFI 2225 at  and also in Talent Weaving Dyeing & Printing Ltd v. Able Billion Textiles Limited  HKCFI 2246 at .
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  EWHC 3511 (QB) at . The same book was also cited by the New South Wales Court of Appeal in Ng v Filmlock Pty Ltd  NSWCA 389 at .
Professor Tettenborn’s book The Law of Restitution in England and Ireland, 3rd ed (Cavendish, 2001), was cited by the Court of Appeal (at ) in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (In Administration)  EWCA Civ 347.
The New South Wales Court of Appeal in Sadcas Pty Ltd v Business and Professional Finance Pty Ltd  NSWCA 267 at  referred to Professor Tettenborn’s article “Damages in Conversion - Exception or Anomaly?"  Cambridge Law Journal 128.
The Court of Appeal in The Mercini Lady  EWCA Civ 1145 has relied on the suggestions of Professor Tettenborn expressed in an article published in  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  FCA 240.
Professor Thomas’ article Fraudulent Insurance Claims: Definition, Consequences and Limitations” published in  Lloyd’s Maritime and Commercial Law Quarterly was cited by the High Court in Direct Line Insurance Plc v. Fox  EWHC 386 (QB).
The House of Lords in The Achilleas  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  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  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  EWHC (Comm).
A case note by Professor Baughen in Lloyd's Maritime and Commercial Law Quarterly,  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  2 Lloyd's Rep. 174 and with disapproval in Compania Sud American Vapores v MS ER Hamburg  EWHC 483 (Comm) and in The Elin  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  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  HCA 39
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  EWCA Civ 588 at -
Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Kallakis v AIB Group Plc  EWCA Civ 588 at , 
Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Vald Nielsen Holding A/S v Baldorino  EWHC 1926 (Comm) at , , -, 
Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd  1 WLUK 533 at -
Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in Peck v Grasshopper Lawnmowing Services Limited  NZHC 2615 at 
Clerk & Lindsell on Torts, 22 ed, Ch 18 cited in BV Nederlandse Industrie van Eiprodukten v Rembrandt Enterprises Inc  EWHC 1857 (Comm) at -
Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Baturina v Chistyakov  EWHC 1049 (Comm) at 
Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Hayward v Zurich Insurance Co Plc  UKSC 48;  AC 142 at -
Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Petrosaudi Oil Services (Venezuela) Ltd v Novo Banco SA  EWHC 2456 (Comm) at -
Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Hussain v Mukhtar  EWHC 424 (QB) at -
Clerk & Lindsell on Torts, 21 ed, Ch 18 cited in Mutual Energy Ltd v Starr Underwriting Agents Ltd  EWHC 590 (TCC) at 
Clerk & Lindsell on Torts, 20 ed, Ch 18 cited in UBS AG (London Branch) v Kommunale Wasserwerke Leipzig GmbH  EWHC 3615 (Comm) at 
Clerk & Lindsell on Torts, 20 ed, Ch 18 cited in Frank Houlgate Investment Co Ltd v Biggart Baillie LLP  CSIH 79 at  and 
Clerk & Lindsell on Torts, 20 ed, Ch 10 cited in Northampton Regional Livestock Centre Co Ltd v Cowling  EWHC 30 (QB) at  and 
Clerk & Lindsell on Torts, 20 ed, Ch 17 cited in Euromex Ventures Ltd v BNP Paribas Real Estate Advisory and Property Management UK Ltd  EWHC 3007 (Ch) at 
Clerk & Lindsell on Torts, 16 ed, Ch 10 cited in Body Corporate No 207624 v North Shore City Council [Spencer on Byron]  NZSC 83;  2 NZLR 297 at 
Clerk & Lindsell on Torts, 20 ed, Ch 17 cited in O'Leary International Ltd v Chief Constable of North Wales  EWHC 1516 (Admin) at 
Clerk & Lindsell on Torts, 20 ed, Ch 17 cited in Lightning Bolt Ltd v Elite Performance Cars Ltd  EWHC 4075 (Ch) at