BOC Group Plc v Centeon

JurisdictionEngland & Wales
Date1999
Year1999
CourtCourt of Appeal (Civil Division)
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12 cases
  • Canmer International Inc. v UK Mutual Steamship Assurance Association (Bermuda) Ltd (The "Rays")
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • July 28, 2005
    ...it is intended that a demand may be made." 47 He sought to distinguish cases such as The London Lion [1980] 2 Lloyd's Rep. 456 (CA), BOC Group v. Centeon LLC [1999] 1 All ER (Comm) 53 (Rix J), and Marubeni v. Government of Mongolia [2004] 2 Lloyd's Rep. 198 (Cresswell J) and [2005] EWCA Ci......
  • John Holt & Company (Liverpool) Ltd and Another v Caterpillar (NI) Ltd (Previously Called FG Wilson (Engineering) Ltd)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • December 13, 2013
    ...A.C. 689, 717, 722–3; Connaught Ltd v Indoor Leisure Ltd [1994] 1 W.L.R. 501; Esso Petroleum Co Ltd v Milton [1997] 1 W.L.R. 938; BOC Group plc v Centeon LLC [1999] 1 All ER (Comm) 970. But no more than that is required. In particular such a term is not to be treated in the same way as an e......
  • Fastfreight PTE Ltd v Bulk Trident Shipping Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • January 24, 2023
    ...fitted the meaning for which the Owners contend, is not uncommonly used in contracts. For example: i) In BOC Group v Centeon LLC [1999] 1 All ER (Comm) 970, the Court of Appeal held that a clause providing for payment to be “ absolute and unconditional and shall not be affected by … any ot......
  • Edlington Properties Ltd v J H Fenner and Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • March 22, 2006
    ...contract to exclude the right of set-off (see for instance Marubeni Corporation v Sea Containers Ltd, (unreported) , 17 May 1995 and BOC plc v Centeon Inc [1999] 1 All ER (Comm) 970, 979–80. 72 Nonetheless I see no reason not to follow the Connaught case here; indeed I see every reason to d......
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