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Listen "#14 Strictly Come Damages - A New-er Flamenco? Space Shipping v ST Shipping"
Episode Synopsis
So in this week's episode we get serious on damages. Particularly where you should give credit for costs saved. It provides an interesting application of the recent Supreme Court decision in the New Flamenco: Space Shipping Ltd v ST Shipping and Transport PTE Ltd [2021] EWHC 2288 (Comm)
We dissect the cause of saved costs and its connection with the cause of the damages.
There’s a comparison of indemnity claims and damages claims – would the outcome have been different with a slightly broader indemnity clause?
Also, some insights on arbitration procedure, drafting arbitration appeal rights, and how to handle an ongoing, active claim, ie. commencing arbitration when only some damages have crystallised and keeping the arbitration open while other damages are continuing to run.
We dissect the cause of saved costs and its connection with the cause of the damages.
There’s a comparison of indemnity claims and damages claims – would the outcome have been different with a slightly broader indemnity clause?
Also, some insights on arbitration procedure, drafting arbitration appeal rights, and how to handle an ongoing, active claim, ie. commencing arbitration when only some damages have crystallised and keeping the arbitration open while other damages are continuing to run.
In God we trust