header-logo header-logo

Contract

27 January 2017
Issue: 7731 / Categories: Case law , Law digest , In Court
printer mail-detail

Euro-Asian Oil SA (formerly Euro-Asian Oil AG) v Abilo (UK) Ltd and others; Euro-Asian Oil SA (formerly Euro-Asian Oil AG) v Credit Suisse AG [2016] EWHC 3340 (Comm), [2017] All ER (D) 59 (Jan)

The Commercial Court ruled on two claims brought by the claimant company, Euro-Asian, arising out of four transactions entered into with the first defendant company in the first claim, Abilo. Euro-Asian contended that it had paid for ultra-low sulphur diesel (ULSD) under a “fourth sale contract”, but had not received any product. The defendant in the second claim, Credit Suisse, had financed Abilo’s purchases of the ULSD by letters of credit, and Abilo had then on-sold to Euro-Asian. Credit Suisse had also co-signed letters of indemnity with Abilo, which were presented, in lieu of the bills of lading, to Euro-Asian’s banks under the letters of credit which those banks had opened for Euro-Asian to pay for the purchases of the ULSD from Abilo. The court held that both Abilo and Credit Suisse were liable for breach of warranties in the letter of indemnity, and that Credit Suisse was entitled to an 80% contribution from Abilo

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

New Square Chambers—Alexander Farara

New Square Chambers—Alexander Farara

Chambers welcomes new member

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll