Case by Case

By Floyd Zadkovich

The easy way to stay on top of the case law that matters.

Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, in our podcast focused on shipping, international trade and ... more

· Business

5

11 ratings

Download on the App Store

Download on the App Store

Get it on Google Play

FAQs about Case by Case:

How many episodes does Case by Case have?

The podcast currently has 97 episodes available.

Case by Case episodes:

November 24, 2022 #47 Scottish IndyRef2 - The Supreme Court Decision Explained
This is a big case. Scottish Independence Referendum 2 - the sequel?

As you will have seen from the news, the UK Supreme Court handed down its decision yesterday.

No vote allowed by Scotland without UK parliament consent.

That’s the headline.

But what was the actual legal case about? What issues were considered? Why did the court rule in the way it did? Does the decision leave Scotland with a second bite at the cherry?

We certainly learned much more about this issue, beyond what we read in the news.

Glad to have you along for the ride and hope this provides value.
For more, check out our ⁠YouTube channel.
...more
1h 2min
November 17, 2022 #46 Guess Who?
In this episode, Luke Zadkovich and Calum Cheyne discuss the English Court of Appeal case Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2022] EWCA Civ 1484 (10 November 2022).
An issue on privilege decided for the first time in centuries…

Is the identity of individuals providing instructions for a client inherently privileged ?

Is there a Canadian style “zone of privacy” in English law privilege?

Don’t forget the proportionality test in RFI requests!

The Lord Justice Males Fan Club rollicks on.
Listen in to discover this surprising case.
For more, check out our ⁠YouTube channel.
...more
52min
November 10, 2022 #45 Be careful what you word for
This week Luke and Calum discuss demurrage claims and time bars in a recent SMA case Stolt Tankers BV v. Stryker Fuels LLC (MT “MONAX”) – SMA No. 4449, 4 August 2022.
How many times are we going to say that the specific words chosen in a contractual clause are important?!

Yet another example - where the words used may not align with original intentions.

"covered by this Charterparty" - what does that mean?

Does it mean the total cargo referred to in the charter or does it mean each parcel of cargo referred to in the charter?

Subtle difference perhaps but big consequences in how this time bar worked.

Also, is there room for equitable considerations in whether a time bar clause should be enforced strictly? Calum and Luke address this at the end of the show.
For more, check out our ⁠YouTube channel.
...more
30min
November 03, 2022 #44 Within the four corners of FM
One of the most intriguing shows we've recorded. In this episode, Luke and Calum discuss the English Court of Appeal decision MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022) handed down by Lord Justice Males.

From Venezuela’s collapse to global pandemic and then onto horrific war in Ukraine - force majeure clauses and sanctions have been under the spotlight.

Indeed it’s fair to say that we’ve lived and breathed these very issues assisting clients for the last few years. We now have a case to discuss squarely on point.

It is a SPLIT English Court of Appeal decision. It could go higher. The decision is very important in understanding, or reaffirming, how to approach force majeure clauses.

Will it be confined to its own facts or is there a floodgates possibility? Luke and Calum debate that.

Is there now a practical way of dealing with banks cautious of sanctions risk and making international money transfers in other currencies? Calum and Luke want to know - do YOU agree with the majority?

Big takeaways for drafting FM clauses moving forward.
Check out our YouTube channel for the podcast video: Case by Case Podcast - YouTube
...more
49min
October 28, 2022 #43 COGSA in a land downunder
(Better if you sing that title to hear the rhyme. Get it?)Indeed Luke asked Leo Rees-Murphy and Calum Cheyne to sing us in, but alas. Jokes aside, this is one for you cargo liability lovers at P&I Clubs, commercial cargo insurers, shipowners or commodity traders/cargo interests.A dive into the interplay between Australian COGSA and English maritime arbitration clauses. Much more to this than meets the eye. And highlights how local COGSA regimes around the world can throw up curly issues. There are some really interesting inconsistencies and lacunas in Australian COGSA. This Federal Court of Australia decision makes for an excellent platform to explore them. Leo recently joined the London office of Floyd Zadkovich after completing a MSc in Law and Finance at the University of Oxford. Prior to that, Leo worked for a top tier Australian/Asia Pacific law firm and as a judge’s associate with the Federal Court of Australia. He has a keen interest in maritime law, among other areas, demonstrated here by his dissection of these issues.Thank you for coming on us a guest, Leo, and giving us your time and insights. Welcome back anytime!
Check out our YouTube channel for the podcast video: Case by Case Podcast - YouTube
...more
37min
October 20, 2022 #42 The Miracle Hope
A bumper episode on one of Luke's favourite topics: misdelivery claims. Why? Without wishing to sound too nostalgic - it was over such a claim that he met co-founding partner, Edward Floyd.

The bond formed in handling that massive UK/US claim together, about 10 years ago, subsequently became the foundation of the firm.

Beyond the romanticism, misdelivery claims are arguably THE quintessential maritime claim: the very recent English High Court case of Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd [2022] EWHC 2234 (Comm) (03 October 2022). Surely delivering the goods to the right party is pretty 'mission-critical'?!

The legal issues are complex, interesting, developing, and hugely important for maritime/commodities clients and the industry broadly. We are not overstating things.

Shipowners are not insured for misdelivery. It is an open exposure. And typically the letters of indemnity they receive to take the misdelivery risk are not secured by a bank or insurer. They tend to be corporate indemnities only. A paper claim only as good as the financial status of the party issuing it.

Commodities traders, cargo interests and their financiers have an obvious, fundamental interest in ensuring their goods are not delivered to someone else wrongfully.
Calum and Luke really get into it here. An hour's worth of detailed analysis. Context, dynamics and specific issues are all explored.
For more, check out our YouTube channel.
...more
59min
October 13, 2022 #41 Does wireless equal email?
In this episode, Luke Zadkovich and Calum Cheyne are back for a 1 on 1 episode after having a series of exciting guests on the podcast. They discuss London Arbitration 30/22, where the validity of a notice of readiness (NOR) submission via email is put into question.
This is a short but sweet one. The contract provided for certain forms of notice to be given. On its face, a notice outside that list was issued. There is pre-existing legal authority suggesting such notice is defective.

But this arbitral panel thought otherwise. Quite an interesting one. Probably a sensible, practical decision and reflects modern practice. Yet runs up against previous legal authority.

Definitely some good take aways from this case. We share our drafting tips.
Check out our YouTube channel for the podcast video: Case by Case Podcast - YouTube
...more
15min
October 06, 2022 #40 Trust us, we're lawyers
We are delighted to celebrate our 40th podcast episode of Case by Case with leading lawyer, James d'Apice of Chamberlains Law Firm from the PPL (completely made-up, Podcast Premier League)!

Joining us from a land downunder, we are thrilled that James jumped on to share his thoughts, insight and above all, humour with our listeners.

What is more fascinating than an old fashioned family feud of the multimillion dollar kind... In all seriousness, we get into the depths of trust law on this one New South Wales, Australia Supreme Court case Gillespie v Gillespies Cranes Nominees Pty Ltd [2022] NSWSC 1184.

We examine whether a derivative action in respect of a trust is different than that with respect to a company. Spoiler alert... it is... But how and why? Requires a long look back at history.

It may show just a little too much that James, Calumand Luke love getting into this type of stuff. We hope you do too!
Check out our YouTube channel for the podcast video: Case by Case Podcast - YouTube
...more
41min
September 29, 2022 #39 A veritable smorgasbord of common FD&D disputes
Moving up in the world! This time Luke and Calum stopped by a London recording studio, and for a guest well worth the upgrade. Jim Leighton of the North of England P&I Club has been a regular listener to the podcast since the early days, and we were thrilled to have him join us on this one.
A great case to cover some serious territory - London Arbitration 29/22 featured in LMLN. A smorgasbord of shipping cases indeed... speed and performance, redelivery not in good condition, hull fouling, bimco piracy clause, vessel damage, redelivery without full bunkers and charges for tug assistance in the Mississippi River.
Jim's experience with handling these FD&D cases is market leading. It shows through in how he cuts through the heart of the issues in dispute. We hope you very much enjoy the episode!
Check out our YouTube channel for the podcast video: Case by Case Podcast - YouTube
...more
40min
September 22, 2022 #38 Ready or Not
In this episode of Case by Case, Luke Zadkovich and Calum Cheyne welcome FZ London associate Lucy Noble.
Lucy has been a real star in our team since joining on qualification a couple of years ago. This interesting case about compliance with Charterers' orders was right in her sweet spot.
The three discuss the English Commercial Court case of CM P-Max III Ltd v Petroleos Del Norte SA (Re MT Stena Primorsk Voyage Charter) [2022] EWHC 2147 (Comm) (12 August 2022). The case turned on whether or not the Master reasonably decided not to follow Charterers' instructions to berth, citing safety grounds. As ever, we get into it and it prompts a lot of interesting discussion.
Don't forget to check out our new YouTube channel for the video recording of this episode!
...more
33min

FAQs about Case by Case:

How many episodes does Case by Case have?

The podcast currently has 97 episodes available.

More shows like Case by Case

No Such Thing As A Fish by No Such Thing As A Fish

No Such Thing As A Fish

4,842 Listeners

U.S. Supreme Court Oral Arguments by Oyez

U.S. Supreme Court Oral Arguments

648 Listeners

Politics Now by ABC listen

Politics Now

87 Listeners

FT News Briefing by Financial Times

FT News Briefing

674 Listeners

Coffee and a Case Note by James d'Apice

Coffee and a Case Note

2 Listeners

The Rest Is Politics by Goalhanger

The Rest Is Politics

3,089 Listeners

Double Jeopardy - UK Law and Politics by Ken Macdonald KC and Tim Owen KC

Double Jeopardy - UK Law and Politics

5 Listeners

Empire by Goalhanger

Empire

2,313 Listeners

The Case Of by ABC listen

The Case Of

497 Listeners

The Rest Is Politics: US by Goalhanger

The Rest Is Politics: US

2,196 Listeners