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27 January 2017
Issue: 7731 / Categories: Case law , Law digest , In Court
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Contract

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

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Laytons ETL—Alec Cameron

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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