“…After discussing Gubisch, The Tatry, Sarrio, The Happy Fellow [1998] 1 Lloyd's Rep 13 and Haji-Ioannou v Frangos[1999] 2 Lloyd’s Rep 337, Rix J summarised the position clearly and, in my opinion, accurately in Glencore International AG v Shell I…”
“…y the authorities cited (and the qualified and provisional view of Saville LJ in Blue Nile Shipping Co Ltd v Iguana Shipping and Finance Inc (The Happy Fellow) [1998] 1 Lloyd’s Rep 13 at 17-18 relied on by Cooke J has subsequently been rejected by the CJEU in Maersk Olie & Gas A/S v De Haan & De Beer (case C-39/02 [2005] 1 Lloyd’s Rep 210). …”