The Supreme Court has unanimously dismissed the appeal in PST Energy 7 Shipping LLC & Anor v O.W. Bunker Malta Ltd & Anor, upholding the judgment of the Court of Appeal in a case that may have far-reaching implications for marine fuel supply contracts and disputes involving retention of title clauses.David_Whitehead_ph[1]

It concerned proceedings arising out of the insolvency of the OW Bunker Group (OWB), the world’s largest contractual supplier of marine fuel (“bunkers”) to ships. The Supreme Court was asked to consider whether or not the bunker supply contract in question, which incorporated OWB’s standard terms and conditions, was a contract for the sale of goods within the meaning of the Sale of Goods Act 1979 (SoGA 1979). Continue reading »