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Court of Appeal clarifies the scope of the West Tankers decision

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 22 2009

In National Navigation Co v Endesa Generacion SA 2009 EWCA Civ 1397 the Court of Appeal overturned the first instance judgment of Mrs Justice Gloster and held that the English court was bound by an earlier decision of the Spanish court to the effect that no arbitration clause was incorporated into the relevant contract

High Court rules insured's sale of a wrecked vessel was a transaction at an undervalue under s423 Insolvency Act 1986

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 28 2009

In Dornoch Ltd & Ors v Westminster International & Ors 2009 EWHC 1782 (Admiralty) Mr Justice Tomlinson held that the sale by Westminster International (Westminster) of the wreck of a vessel, the Fariway for the sum of 1000 Euros to a related company was a transaction at an undervalue under s423 of the Insolvency Act 1986 (which, in basic terms, provides that certain disposals made to connected persons for a value less than a fair value may be set aside by the court