Court of Appeal decides bunker supply contracts
between OW Bunker and Owners are not covered by SOGA 1979.
Key Points
On 22 October 2015, the Court of Appeal (Lord Justices
Moore-Bick, Longmore and McCombe) delivered their judgment on
Owners' appeal of the decision of Mr Justice Males (sitting in
the Commercial Court). The much-anticipated judgment has confirmed
that the bunker supply contract in question, which incorporated OW
Bunker's standard terms and conditions, was not a contract for
the sale of goods within the meaning of the Sale of Goods Act
1979.
This is a further step towards certainty of the position as
between Owners and OW/ING, with the result that, at least as far as
the Court of Appeal is concerned, Owners' argument that OW/ING
had to satisfy Section 49 of the Act in order to succeed in their
claim is wrong. An application for leave to appeal to the Supreme
Court seems likely given the importance of the issue, in the
context of the complex range
