Petroleo Brasilieiro SA v ENE Kos 1 Ltd: CA 30 Oct 2009

The parties disputed the effective date of a payment into court where the cheque lodged was not in pounds sterling.
Held: The rules were silent on the exact point, but the date was the date of receipt in the court funds office of the cheque in accordance with the rules, notwithstanding any difference in clearance times and unless the accountant-general specified a different date.


Lord Justice Waller, Lady Justice Arden and Lord Justice Dyson


[2009] EWCA Civ 1127, Times 05-Nov-2009




Court Funds Rules 1987 (SI 1987 No 821)


England and Wales


Appeal fromENE Kos v Petroleo Brasileiro SA (Petrobas) ComC 23-Jul-2009
The claimant shipowners withdrew the vessel for non payment, but at the time they gave notice, the vessel was already laden. They now claimed for the further two days taken for unloading.
Held: The claim succeeded. The proper cause of the . .

Cited by:

See AlsoENE 1 Kos Ltd v Petroleo Brasileiro Sa CA 6-Jul-2010
If a shipowner withdraws his vessel from a charterer’s service for non-payment of hire while cargo is on board the vessel and the shipowner requires the charterer to remove the cargo from the vessel, is the shipowner entitled to remuneration outside . .
See AlsoPetroleo Brasileiro Sa v Ene Kos 1 Ltd (‘The MT Kos’) SC 2-May-2012
The MT Kos had been chartered by the appellants. The respondents failed to make payments, and notice was given to withdraw the vessel. The contract said that such a notice was without prejudice to any claim. At the time, the vessel was laden. The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 August 2022; Ref: scu.377534