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England and Wales decisions
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Trans Trade RK SA v Sebat Shipping and Trading Company [2026] EWHC 950 (Comm) (28 April 2026)
High Court appeal on laytime and demurrage in a voyage charterparty. The court held the tribunal erred in treating cargo operations as starting laytime without a valid NOR or waiver.
The Privy Council held that disputed pipeline works were not variations under a lump sum FIDIC contract and dismissed the contractor’s claim for non-compliance with claim procedures.
Douglas Homes Housing Incorporated v Dykes & Ors [2026] EWHC 3 (Ch) (12 January 2026)
The High Court refused summary judgment and strike out applications in a Bristol property-development dispute, leaving expert-determination, breach, accounting, and trust issues for trial.
The High Court held that the alleged contract of affreightment was void under Swiss law for conflict of interest and, alternatively, not binding in English law.
The Court granted the majority of the declarations sought by the Claimants that reflected the agreed contractual terms, including the validity and binding nature of the Framework Agreement and SPA, the State's waiver and release of claims, and the absence of civil liability for the Claimants save in the case of fraud. However, the Court declined to declare that the Claimants acted in good faith throughout, finding that their communication regarding the value of the Property was not frank and was misleading, thus falling below the standard of good faith. The Court rejected the State's allegati…
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The claimant's notice under clause 13(b)(ii) was valid and effective; there was no impossibility created by the final ASI, no waiver or estoppel by the claimant, and clause 9(b) precluded informal waiver. The final ASI did not preclude the defendant from commencing proceedings in England and Wales. The claimant is entitled to declarations as sought and the ASI is varied to clarify the defendant may commence proceedings in the English courts.
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Barclays Bank PLC v VEB.RF [2024] EWHC 3088 (Comm) (28 November 2024)
The High Court held Barclays’ notice under an asymmetric jurisdiction clause was valid, rejected impossibility and waiver arguments, and amended an anti-suit injunction.
The statutory moratorium under the Commercial Rent (Coronavirus) Act 2022 was still in force at the date of forfeiture because the time for appealing the arbitration award had not expired, regardless of the tenant's intention or the merits of any appeal. The landlords' arguments based on purposive construction, illegality, waiver, estoppel, and abandonment were rejected. Summary judgment was appropriate as the issues were suitable for determination without a trial. There was no compelling reason for a trial, and the costs order was not disturbed.
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There is no serious issue to be tried in relation to the non-payment of the February 2023 instalment. The claimant was no longer under any misapprehension by mid-February 2023, and the inability to pay was due to failure to meet the Gross Leverage covenant, independent of any prior advice or assurances. The defendant is entitled to enforce its security based on this default, and there is no basis for estoppel, waiver, negligence, or breach of good faith preventing enforcement. The application for an injunction is therefore dismissed.
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Service of the suspension application was validly effected by email prior to the expiry of the bankruptcy period, or alternatively, the respondent waived or was estopped from denying service. The court retained jurisdiction to continue the suspension of discharge as an interim order was made before the one-year period expired and had not been set aside. The judge erred in holding that exceptional circumstances were required to validate service and in concluding she lacked jurisdiction to continue the suspension.
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