“RES COGITANS” – Court of Appeal to decide whether bunker supply contracts are covered by SOGA 1979
29 September 2015
On 17 September 2015, the Court of Appeal (Lord Justices Moore-Bick, Longmore and McCombe) heard Owners’ appeal of the decision of Mr Justice Males (sitting in the Commercial Court) that a standard form bunker supply contract did not amount to a “contract for the sale of goods” for the purposes of the Sale of Goods Act 1979.
The Court of Appeal’s decision, which will have a far-reaching impact on (at the very least) the maritime world, is expected within the coming months. Whatever the decision, an application for leave to appeal to the Supreme Court by one of the parties seems highly likely given the importance of the issue.