HC Trading Malta Ltd v Savannah Cement Ltd [2020] EWHC 2144 (Comm) (04 August 2020)

HC Trading Malta Ltd v Savannah Cement Ltd [2020] EWHC 2144 (Comm) (04 August 2020)

The claimant is entitled to summary judgment for the price of the shipments (US$4,696,712.04) as the defendant admitted liability and failed to pay or establish letters of credit as required by the settlement agreement. The demurrage claims fall within the settlement agreement's definition of 'Historic Demurrage' and must be resolved by expert determination as contractually agreed, so litigation on those claims is stayed.

Citation
[2020] EWHC 2144 (Comm)
Parties
Claimant: HC Trading Malta Limited; Defendant: Savannah Cement Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2020
Procedural Posture
Commercial Court Claim for Summary Judgment And/or Strike Out / Judgment Following Hearing of Summary Judgment Application
Outcome
Claimant's claim for shipment price succeeds; summary judgment granted for US$4,696,712.04 plus interest. Demurrage claims stayed for expert determination. Declaration granted that demurrage claims fall within settlement agreement.
Legal Topics
Summary Judgment, Strike Out of Defence, Settlement Agreement Enforcement, Letters of Credit, Demurrage Claims, Expert Determination Clauses
Commercial Law Contract Law Summary Judgment Strike Out of Defence Settlement Agreement Enforcement Letters of Credit Demurrage Claims Expert Determination Clauses

Case Brief

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Parties

HC Trading Malta Limited

Claimant

Savannah Cement Limited

Defendant

Procedural Posture

Commercial Court Claim for Summary Judgment And/or Strike Out / Judgment Following Hearing of Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for the price of shipments under a settlement agreement
  2. 2 Whether demurrage claims fall within the scope of the settlement agreement and are subject to expert determination
  3. 3 Whether the court can order interim payment or judgment on demurrage claims prior to expert determination

Ratio Decidendi

The claimant is entitled to summary judgment for the price of the shipments (US$4,696,712.04) as the defendant admitted liability and failed to pay or establish letters of credit as required by the settlement agreement. The demurrage claims fall within the settlement agreement's definition of 'Historic Demurrage' and must be resolved by expert determination as contractually agreed, so litigation on those claims is stayed.

Court Disposition

Claimant's claim for shipment price succeeds; summary judgment granted for US$4,696,712.04 plus interest. Demurrage claims stayed for expert determination. Declaration granted that demurrage claims fall within settlement agreement.

Orders

  • Summary judgment for US$4,696,712.04 plus interest in favour of claimant
  • Declaration that demurrage claims are within 'Historic Demurrage' under the settlement agreement