Red Sea Tankers Ltd v Papachristidis (Hellespont Ardent)

JurisdictionEngland & Wales
CourtQueen's Bench Division
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36 cases
  • Marex Financial Ltd v Creative Finance Ltd and Another
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 25 July 2013
    ...between the two concepts is one of degree. In reaching this conclusion I adopt the persuasive reasoning of Mance J in Red Sea Tankers Ltd & Ors v Papachristidis & Ors [1997] 2 Lloyd's Rep 547 and Andrew Smith J in Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] EWHC 479......
  • Camarata Property Inc. v Credit Suisse Securities (Europe) Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 9 March 2011
    ...LJ. As such, it is not easy to define or even to describe with any precision. However, as Mance J recognised in Red Sea Tankers Ltd v Papachristidis (The "Ardent"), [1997] 2 Lloyd's Rep 547, 586, "If the matter is viewed according to purely English principles of construction, … "Gross" neg......
  • Winnetka Trading Corporation v Julius Baer International Ltd and another
    • United Kingdom
    • Chancery Division
    • Invalid date
  • China North Industries Investment Management Ltd v China North Industries Investment Ltd
    • Bermuda
    • Court of Appeal (Bermuda)
    • 25 November 2004
    ...following cases were referred to in the judgment: Red Sea Tankers and Others v Popachristdis and Others (The Hellesport Ardent)UNK [1997] 2 Lloyd's Rep. 547 Lockland Builders v John Kim RickwoodUNK [1995] 77 BLR 38 Claim for unpaid management fees or damages in lieu — Termination of managem......
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6 firm's commentaries
  • High Court Dismisses Quincecare Duty Claim Giving Guidance On The Scope And Nature Of The Duty
    • United Kingdom
    • Mondaq UK
    • 24 June 2022
    ...misconduct". Both sides agreed that the leading authority on what is required to prove gross negligence is The Hellespont Arden [1997] 2 Lloyd's Rep 547, in which the court summarised the standard as "'Gross' negligence is clearly intended to represent something more fundamental than failur......
  • Bermuda's Private Equity Sector: Getting The Deal Through
    • Bermuda
    • Mondaq Bermuda
    • 4 April 2016
    ...Bda LR 8 in which the Bermuda Supreme Court adopted the definition of gross negligence given in Red Sea Tankers v Papachristidis Ltd [1997] 2 Lloyd's Rep 547). 8 Other special issues or Are there any other special issues or requirements particular to private equity fund vehicles formed in y......
  • Gross negligence revisited
    • Australia
    • Mondaq Australia
    • 13 January 2020
    ...of a counterparty constitutes gross negligence faces a high bar. Footnotes 1 [2019] WASC 439. 2 Red Sea Tankers Ltd v Papachristidis [1997] 2 Lloyd's Rep 547. 3 [1997] 2 All ER 4 [2019] NSWSC 527. 5 at paragraph 306. 6 at paragraph 307. 7 at paragraph 311. 8 [1999] QCA 516. The content of t......
  • Grossing Up Your Exclusion Clause: The Devil In The Detail
    • Australia
    • Mondaq Australia
    • 12 November 2007
    ...of the higher term has been considered in the United Kingdom High Court decision of Red Sea Tankers Ltd and Others v Papchristidis [1997] 2 Lloyds Rep 547 (the Hellespont In this case, the agreement was expressed to be subject to the laws of New York (which made it perfectly normal to inclu......
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1 books & journal articles
  • English Law's Epistemology of Expert Testimony
    • United Kingdom
    • Journal of Law and Society No. 33-4, December 2006
    • 1 December 2006
    ...are not reliable authorities on past mental states,58679 Liddell v. Middleton [1996] P.I.Q.R. P36, 40±41.80 The Hellespont Ardent [1997] 2 Lloyd's Rep. 547, 598; see, also, Barings p.l.c. v.Coopers & Lybrand [2001] Lloyd's Rep. Bank. 85, paras. 37±8.81 P. Roberts, `Will You Stand Up In Cour......

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