Case Note Update: Firodi Shipping Limited v Griffon Shipping LLC [2013] EWCA Civ 1567

On 10 December, The Court of Appeal upheld the judgment of Mr Justice Teare in Griffon Shipping LLC v Firodi Shipping Limited [2013] 1 Lloyd's Rep 50, a matter involving a seller's remedy in the event of non-payment of the deposit under the terms of the Norwegian Saleform 1993 form (NSF 1993), dismissing the appellant Buyer's appeal, which was heard last month. The appeal arises out of the apparent controversy caused by an amendment that first appeared in the NSF 1983 form and which introduced an additional paragraph to Clause 13, the "Buyers' default" clause. The amendment appears in the NSF 1993 and NSF 2012 forms. The amendment covers the situation where a buyer has failed to pay the deposit within the time set by...