Court of Appeal gives judgement on OW Bunker appeal
On 22 October 2015 the Court of Appeal gave judgement in the appeal from the first instance judgement of Males J which has been awaited by the maritime community with anxious anticipation.
Males J's judgement (see LMAA Summer newsletter) raised the possibility that shipowners would need to pay twice for bunkers supplied through contracts with the bankrupt OW Bunker Group. The Court of Appeal judgement has largely affirmed the first instance judgement and the risks of double payment and possible arrest remain.
It seems possible that the decision will be further appealed to the Supreme. The Court of Appeal judgement is available at: www.bailii.org (2015] EWCA Civ 1058