Gunvor SA v CruGas Yemen Ltd and Another – QBD (Comm Ct) (Phillips J) [2018] EWHC 2061 (Comm) – 23 July 2018

Sale of goods – Term contract for sale of gasoline by 12 monthly consignments on cif terms – Seller claiming demurrage and other sums due under contract – Identity of buyer – Whether demurrage claims time-barred – Whether implied term that demurrage rates should be in line with market rate – Whether entitlement to demurrage was an indemnity or free-standing

On9 April 2015 the claimant seller concluded a written term contract for the sale of gasoline by 12 monthly consignments cif Hodeidah (the Term Contract). The Term Contract named the buyer as CruGas Ltd but the claimant’s case was that the contract was in fact with the first defendant, CruGas Yemen Ltd, the claimant being unaware that there was also, within the relevant group, a Cayman Islands company named CruGas Ltd.