Non – contentious
Our firm advises clients on all aspects of commercial law especially concerning complex contractual agreements, franchise, international Joint Venture Agreements and finance agreements. We have also advised on the specific provisions of maritime agreements including template BIMCO Time-charter Clauses and regulatory advise for the registration of vessels under the provisions of the Boat Registration Act and Merchant Shipping Act.
Contentious
We have been involved in all aspects of commercial litigation and we possess a good understanding of the principles that drive commercial enterprises. We have acted in matters touching and concerning the following commercial topics:
Breach of Mortgagee’s Insurance Provisions and Estoppel – M v S [2022] (ongoing) – Bringing claims against mortgagee for breaches of duties and unjust enrichment under a mortgage deed for failing to properly exercise a discretionary power for the placement of insurance cover over property.
Breach of Directorship Duties, Trusteeship and Partnership Agreement – FC Ltd. v C [2022] (ongoing) – Bringing a million dollar claim for breaches of duty under a partnership and trust as well as reflective loss to an operational company for breaches of directorship duties.
Breach of BIMCO Time Charter and Supplemental Rule B – O Ltd. v B [2021] LMAA (ongoing) – Defending a cross-border maritime claim brought by the owner of a cargo vessel through legal and equitable set-off of liquidated and unliquidated sums by a charterer alleging breaches of SOLAS clauses in the BIMCO agreement and unseaworthiness of the vessel. Interplay between US maritime Federal Law Supplemental Rule B as a means of effective security in English arbitration proceedings.
Post Judgement Enforcement WWFO and Receivership – MAS v HS et. al. [2016] – Assisting with the appointment of receivers and a worldwide freezing order and provisions for disclosure of assets of a Bahamian domiciled IBC in the enforcement of a US judgement emanating from a global fraud tracing exercise.
Unlawful Contractual Interference and Mortgagee’s Rights to Arrest Vessel – Re MV A [2015] – Advising and appearing on behalf of cargo owners in the arrest of a vessel and bringing claims of unlawful interference with contractual relations.