- Considered — Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors 2020-03-04
“…nt by Mr John Russell 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 c…”
- Applied — Kalma & Ors v African Minerals Ltd & Ors 2020-02-17
“… explained or justified: see Henderson v Foxworth Investments Limited [2014] UK SC 41, Lord Reid at paragraph 67; Volcafe Ltd v Cia Sud Americana de Vapores SA [2018] UKSC 61, Lord Sumption. This applies equally to findings of primary fact and any inferences to be drawn from them: see Staechelin v ACLBDD Holdings & Others [2019] All…”
- Explained — British Telecommunications PLC, R (On the Application Of) v Treasury 2020-01-21
“…could have reached, 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 eviden…”
- Cited — Simetra Global Assets Ltd & Anor v Ikon Finance Ltd & Ors 2019-08-09
“…hould not interfere unless satisfied that a finding of fact is plainly wrong. However, I would add a reference to Volcafe Ltd v Cia Sud Americana de Vapores SA [2018] UKSC 61, [2018] 3 WLR 2087 at [41] on which Mr Paul McGrath QC for Ikon particularly relied. Lord Sumption said:…”
- Cited — Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd (The 'Lady M') 2019-03-14
“…See also, Volcafe Ltd and ors v. Compania Sud America de Vapores SA [2018] UKSC 61, Lord Sumption at [16].…”