“…nvestments Ltd [2014] UKSC 41 at [62]; Haringey LBC v Ahmed & Ahmed [2017] EWCA Civ 1861 at [29]-[31]; Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA [2019] AC 358 at [41]; Perry v Raleys Solicitors [2020] AC 352 at [52]; Wheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd [2019] 4 WLR 56 at [7] to [18]; JSC BT…”
“…ssell QC on behalf of Cargo Interests that, in the light of the decision of the Supreme Court in Volcafé Ltd v Cia Sud Americana de Vaporesi SA [2018] UKSC 61; [2019] AC 358, the burden lay on the Owners under Article III rule 1 of the Hague Rules to prove that the vessel was seaworthy. He considered that that case concerned only A…”
“…ed, and (at [66]) whether the decision of the judge cannot reasonably be explained or justified. In Volcafe Ltd v Cia Sud America de Vapores SA [2018] UKSC 61, [2019] AC 358, (at [41]) it was said to be whether the trial judge fundamentally misunderstood the issue or the evidence, or plainly failed to take the evidence into account…”