#60 Ever Given - Salvaging a Contract

We go back to the moment when everyone knew what shipping lawyers dealt with. The Ever Given blocked the Suez Canal in March 2021. Luke and Calum remember it like yesterday. This case is all about the alleged contract between the salvors and the shipowners to refloat the vessel. Was there one or not? How do you know when two parties have demonstrated an ‘intention to be bound’ to a contract? Trickier than it first seems and we think there may be a bit of controversy in this one. Well at least a little more unpacking to do on the law. Does it matter if either party thinks they have a contract? For example, do internal WhatsApp messages sent at the time saying “Agreement on Main Terms!” make any difference to the analysis? What is “crossing the fence” in this context? In Luke and Calum's discussion of Smit Salvage BV v Luster Maritime SA (The 'Ever Given') [2023] EWHC 697 (Admlty) this week, there’s an important lesson on how to plead an alternative claim and the consequences of not doing so. Also on how to present witness evidence in these types of contract formation cases. We’ve been getting some wonderful feedback from our listeners. Thank you heartily. Means a lot and glad you’re getting value. If you do enjoy, please subscribe on your preferred platforms!