“…terer familiar with the market: see generally the judgment of Mr Justice Christopher Clarke in Raiffeisen Zentralbank Osterreich AG v Royal Bank of Scotland Plc[2010] EWHC 1392 (Comm), [2011] 1 Lloyd’s Rep 123 at [81] to [86]. In my judgment that prospective charterer would have understood the Owner to be saying that “this is how my vessel h…”
“… sufficient for him to show that he might have acted differently. Both Christopher Clarke J in Raiffeisen Zentralbank Osterreich AGv Royal Bank of Scotland Plc [2010] EWHC 1392 (Comm) and Hamblen J in Cassadi Risparmio della Republica di San Marino SpA v Barclays Bank Ltd [2011] EWHC 484 (Comm) have obiter given some support for this being a…”
“… 264 Toulson J gave two contrasting examples (also referred to by Christopher Clarke J in Raiffeisen Zentralbank Osterreich AG v The Royal Bank of Scotland plc [2010] EWHC 1392 (Comm), [2011] 1 Lloyd’s Rep 123 at [292] and [293]):…”
“…s state of affairs is to form the basis of the transaction”. The same formula was used in Raiffeisen Zentralbank Osterreich AG v The Royal Bank of Scotland plc [2010] EWHC 1392 (Comm), [2011] 1 Lloyd’s Rep 123, where Christopher Clarke J said at [230]:…”