PODCAST · business
Case by Case
by Floyd Zadkovich
Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, focused on shipping, international trade and commercial law. We each read the case, then jump straight on the podcast and hit record. All you hear is our organic conversation and our thoughts on what the case is about, what the Court decided, and how the decision may affect the industry. *any guidance or suggestions given in any podcast episode is generic in nature and not to be considered as legal advice. Please contact lawyers for specific, legal advice.www.floydzad.com / [email protected]
Episodes
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Ep #101 Revenge of the CIF
Calum and Luke discuss the recent High Court decision in FinCo International AG v Integra Petrochemicals Europe AG, which considers the impact of a post-contractual agreement to change delivery terms under a contract governed by the BP Oil General T&Cs (“BP GTCs”) from DES Incoterms to CIF. The...
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Ep #100 Palletizing Packages - Carrier wins on limitation in CoAs with Ed Floyd and Eva-Maria Mayer
Case: HDI Global Insurance Co. v. Kuehne + Nagel, Inc., trading as Blue Anchor America Line (2026) Guests: Edward Floyd, Eva-Maria Mayer, both Partners at Floyd Zadkovich. In this episode, Luke is joined by Edward Floyd and Eva-Maria Mayer of Floyd Zadkovich to discuss their recent victory for...
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#Ep 99 Clause Chaos: When Arbitration Agreements Collide with Dr Benjamin Hayward
Luke zadkovich and calum cheyne are joined this week by dr ben hayward (monash university, melbourne) to discuss the supreme court of victoria’s decision in downer utilities australia pty ltd v murra warra asset co pty ltd [2026] vsc 48 — a case that shines a spotlight on the practical and legal...
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Ep #98 To Recover or Not - the Sunken Military Craft Act’s Application to Salvage Claims with Joseph Carilli
Case: Global Marine Exploration, Inc. v. Republic of France. Guest: Joseph Carilli, Counsel at Floyd Zadkovich (US) LLP . This week, Luke Zadkovich and Joseph Carilli discuss the salvage of sovereign vessels in the U.S. territorial sea, focusing on the decision of the U.S. Court of Appeals for…
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Ep #97 Trump’s tariffs trumped: Learning Resources, Inc. v Trump
Judgement: Learning Resources, Inc., et al v Trump, President of the United States, et al, No 24-1287 decided on 20 February 2026 Guest: Andriy Shalennyy - Associate, Floyd Zadkovich Luke and Andriy discuss the decision of the United States Supreme Court in Learning Resources, Inc., et al v…
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Bonus Episode - Welcoming our new Partners!
In this special bonus episode of Case by Case, we’re doing something a little different. Rather than diving into a case as we usually do, we are taking the opportunity to introduce two new Partners to Floyd Zadkovich…. We are delighted to end the year by announcing that, from 1 January 2026, two…
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Ep #96 No loss, no worries - it's none of your business: Skyros v Hapag-Lloyd with Emmanuel Michelakakis Howe and Andriy Shalennyy
Case: Skyros Maritime Corporation and Anor v Hapag-Lloyd [2025] EWCA Civ 1529 Guests: Emmanuel Michelakakis Howe, Barrister of Lamb Chambers Andriy Shalennyy, Associate, Floyd Zadkovich This week, Luke Zadkovich is joined by Andriy Shalennyy and Emmanuel Michelakakis-Howe (Lamb Chambers) to…
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Ep #95 Catch 32 - transatlantic recognition of arbitral awards with Alexander Wright KC
Case: Eletson Gas LLC v A Limited & Ors [2025] EWHC1855 (Comm) Guest: Alexander Wright KC, 4 Pump Court Luke, Calum and Alexander discuss recognition of foreign arbitral awards in England & Wales, in the Commercial Court decision Eletson Gas LLC v A Limited & Ors. This case concerns an…
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Ep #94 Challenge accepted: the Arbitral Hat Trick with Derek Yixin
Case: CAFI v. GTCS Trading DMCC [2025] EWHC 1350 (Comm) Guest: Derek Yixin, Associate at Floyd Zadkovich This week, Luke Zadkovich and Calum Cheyne explore overlapping arbitration agreements and thorny jurisdictional issues, as they are joined by Derek Yixin (Floyd Zadkovich LLP), to discuss the...
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Ep #93 Thrust Into Trouble: An Engine Deal Hijacked by Fraud with Matt McGhee
Case: Logix Aero Ireland Ltd v Siam Aero Repair Company [2025] EWHC 1283 (KB) Guest: Matt McGhee of Twenty Essex Chambers This week, Luke Zadkovich and Calum Cheyne delve into the subjects of fraud and agency, as they are joined by Matt McGhee (Twenty Essex Chambers), to discuss the High Court...
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Ep #92 Navigating Limitation of Liability with David Walsh KC
Case: MSC Mediterranean Shipping Company SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS “MSCFlaminia” [2025] UKSC 14 Guest: David Walsh KC, Essex Court Chambers Luke Zadkovich and Calum Cheyne return this week to discuss MSC Mediterranean Shipping Company SA v Conti 11 Container...
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Ep #91 Barging Back for Another Crack – Res judicata and The Stema Barge II, with Jakob Reckhenrich
Guest: Jakob Reckhenrich of Quadrant Chambers Case: The Stema Barge II [2025] EWHC 73 (Admiralty) This week, Luke Zadkovich and Calum Cheyne sit down to discuss The Stema Barge II [2025] EWHC 73 (Admiralty) with Counsel for the successful Claimant/Second Appellant, Jakob Reckhenrich (Quadrant...
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Ep #90 Too Late, Shipmate! - Hague/Hague Visby Time Bars and Misdelivery Claims with Matthew Harvey KC
Case: Fimbank Plc v KCH Shippping Co Ltd [2024] UKSC 38 With further reference to: Kamil Export (Aust) Pty Ltd v NPL (Australia)Pty Ltd [1996] 1 VR 538 China Ocean Shipping Co Ltd v PS Chellaram and CoLtd (The “Zhi Jiang Kou”) (1990) 28 NSWLR 354 Guest: Matthew Harvey KC of Owen Dixon Chambers...
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Ep #89 Rule B over foreign banks unpacked with Philip Vagin (Ultra Deep Picasso v. Dynamic)
Case: Ultra Deep Picasso Pte. Ltd. v. Dynamic Industries Saudi Arabia Ltd., 119 F.4th 437 (5th Cir. 2024) Guest: Philip Vagin, Senior Associate at Floyd Zadkovich. In this episode of Case by Case Luke Zadkovich and Calum Cheyne are joined by Philip Vagin, a senior associate with the firm, to...
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Ep #88 Anti-Anti Suited and Booted
Case: Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm) Guest: Oliver Caplin KC, Twenty Essex In this episode of Case by Case Luke Zadkovich and Calum Cheyne are joined by Oliver Caplin KC to discuss Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm), a…
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Ep #87 Hedging your bets with Rufus Constable
Case: Rhine Shipping DMCC v Vitol SA Guest: Rufus Constable, Associate at Floyd Zadkovich No Calum this week whilst he is away at Hong Kong Maritime week, however Luke is joined by Rufus Constable, Associate at Floyd Zadkovich. This case addresses the impact of internal hedging practices used by...
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Ep #86 Hold on to our (arbitral) seats with Dr Paul MacMahon
Case: UniCredit Bank vs. RusChemAlliance Guest: Dr Paul Macmahon, Associate Professor of Law at the LSE Law School and the Director of the Executive LLM Programme Episode Summary In this episode of the podcast, hosts Luke Zadkovich and Calum Cheyne welcome Paul McMahon, an associate professor of...
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Ep #85 Let the force majeure be with principle with Alexander Wright KC
RTI Ltd (Respondent) v MUR Shipping BV (Appellant)On this episode Luke and Calum are joined by Alexander Wright KC - A great debate, with varying views and perspectives looking at whether or not a party was required to accept non-contractual performance to overcome a force majeure issue. This a...
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Ep #84 The narrow and mitigating appeal of arbitrations with James M. Turner KC
This case involves an appeal and cross-appeal arising from two Grain and Feed Trade Association (GAFTA) appeal awards related to Cost & Freight free out (C&FFO) Mundra sales of pulses. The primary issues revolve around the jurisdiction of the court on appeals from arbitration awards under the...
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Ep #83 Polar Explorers 2 (unrelated)
In this case, Mr. and Mrs. Sherman booked a cruise to the Northwest Passage in Arctic Canada with Reader Offers Ltd (ROL), a travel company known for its advertisements in newspapers and magazines. However, the cruise did not meet the Shermans' expectations. Due to ice conditions, the ship could...
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Ep #82 Polar Explorers
In this complex maritime case, the vessel MT POLAR was seized by Somali pirates in 2010 while traversing the Gulf of Aden with a cargo of fuel oil. After ten months in captivity, the vessel was released upon payment of a hefty ransom by the shipowner, totaling US$7,700,000. Subsequently, the...
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Ep #81 Jury Equity
In this case, the Solicitor General seeks permission from the High Court to bring contempt proceedings against Ms. Trudi Ann Warner. The allegations stem from Ms. Warner’s actions outside the Inner London Crown Court on March 27, 2023, where she displayed a placard targeting jurors involved in…
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Ep #80 Don't Change the Subject... with Karen Tsang
Guest: Karen Tsang, Associate at Floyd Zadkovich The "subject" of today's episode is The Aquafreedom [2024] EWHC 255 (Comm) and whether agreements on "subjects" or "subs" give rise to binding contracts.
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Ep #79 Ever Given - Salvaging a Contract, Part II
This week’s episode "Ever Given - Salvaging a Contract, Part II" looks at the Court of Appeal’s decision in the Ever Given case. No doubt our followers will remember when the Ever Given became ‘stuck’ in the Suez Canal. This case has been to determine whether or not a contract existed between the...
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Practitioner's Tip - Ep #2 - That's got to SMART-The story of the M/V SMART and Owners' right to demand freight under a bill of lading
We hope you enjoyed the break. As promised, we're kicking off 2024 with a Practitioners Clip featuring highlights from our inaugural episode. Join us on a brief journey back to Episode 1, titled 'That's got to SMART - The story of the M/V SMART and Owners' right to demand freight under a bill of...
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Practitioner's Tip - Ep #1 - Incorporating Maritime Liens by contract in the US and UK
This week, we're reflecting on our previous episodes. As we delve into our extensive catalogue, it's evident how much valuable information we've condensed into a brief timeframe. In light of this, we've made the decision to introduce concise Practitioners Tips, scheduled for release in 2024. But…
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Ep #78 Today It Is All About Chocolate City
Today it is all about Chocolate, and not in the way you are thinking. Luke and Calum are delving into the legal implications of the decision made on 16 November 2023, by the Honourable Mr Justice Foxton in ChocolateCity Ltd v WEA International Inc [2023] EWHC 2874 (Comm). Chocolate City is a case...
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Ep #77 We've Got Serious Money Issues
Luke and Calum are back in the swing of things and straight into hot topic of litigation funding as they review Therium Litigation Funding A IC and Bugsby Property LLC [2023] EWHC 2627 (Comm) Its section 44, but with a different take on it. This decision is one of the first cases after the Paccar...
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Ep #76 Bareboat bust-up
Luke and Calum are back discussing the case of JWL v JPM and s.44 Applications under the Arbitration Act. Thank you for listening!
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Ep #75 Hurricane Ida and a 360 spin on the Miss River
Luke and Calum are back with an episode discussing London Arbitration 14/23. We hope you enjoy!
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Ep #74 Russian RICO
Luke and Calum are joined by Ed to discuss a RICO (Racketeer Influenced and Corrupt Organizations Act) Statute involving international parties from Russia. Thanks for listening!
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#73 Pre-emptively Peremptory?
With Luke deep in hearing prep this week, Calum was joined by Miguel to look at a (slightly speculative...) attempt to use the wording of the LMAA Small Claims procedure to bar a claim. A quick fire one this week - but a snapshot into an interesting maritime law point, London Arbitration 9/23.
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#72 Fresh Quince-of-Bel Care Duties
With Luke on the move this week, Calum drafted in his compatriot Leo Rees-Murphy to discuss the recent Supreme Court decision in Philipp v Barclays. A really instructive decision on the duties owed by a bank to their customers with respect to fraudulent transfers.It seems inevitable that we are…
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#71 Refining the Law on Foreign Experts
Case by Case 71 - Refining the law on Foreign Experts "This is not a paid commercial... but ... TimTams!"After the yummy detour, this pod is about a serious arbitration topic. The scope of an arbitration agreement. We know it well under English law. Here the question is subject to Iranian law....
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#70 Captured in Time
Luke and Calum are back this week to talk about case CL-2022-000595. Thanks for listening !
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#69 From Gadani to the Garage
Luke and Calum are back this week to talk about London Arbitration 7/23. Enjoy!
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#68 The Place to Rule B
This week Luke and Calum discuss US Court of Appeals case Bunge, S.A. v. ADM Int'l Sarl, No. 22-1276 (3d Cir. Jun. 2, 2023). Enjoy!
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#67 A case by case of Case by Case: Live in New York
This week we have a special one in store - Luke and Calum recorded an episode of Case by Case at our New York Lunch & Seminars event with a live audience of clients and colleagues. In this episode, the two recap the most important and interesting cases of 2023 so far. Enjoy!
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#66 Bull's Eye???
This week Luke and Calum discuss English Court of Appeal case FIMBank PLC v KCH Shipping Co Ltd (“The Giant Ace”) [2023] EWCA Civ 569. This is a good one. All about whether a claim for misdelivery arising after discharge of the goods from the vessel is time barred or not. Hague Rules versus Hague...
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#65 Cause and (no) effect
This week Luke and Calum discuss the English Court of Appeal case of Unicredit Bank AG v Euronav NV [2023] EWCA Civ 471. This is a fascinating case that gets into the heart of the status of paper bills of lading. It highlights the dangers for banks in relying on paper bills, where the…
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#64 In the Bunker(s)
Case by Case - episode 64: In the Bunker(s) What are bunkers? Fuel on ships. You know when you hire a rental car and it comes with a full tank... and you need to choose whether to give the car back with a full tank (having filled up yourself) or you pay the top up amount at the rental company's...
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#63 Aussie Gurls v California Gurls
This week Luke Zadkovich is joined by FZ pro bono leader Romina Santos Reyftmann to chat about a very publicly covered trademark dispute, featuring pop singer Katy Perry and an Australian clothing designer under the name of Katie Perry. Tune in for all the details on Australian Federal Court...
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#62 Florida judges call off New York vacation
This week Calum is joined once again by FZ senior associate Philip Vagin for a discussion about United States Court of Appeals, Eleventh Circuit case Corporacion AIC, SA, Plaintiff-Appellant, v. Hidroelectrica Santa Rita S.A., a Guatemalan company, Defendant-Appellee, No. 20-13039 (11th Cir.…
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#61 The Usual Subjects
This week Luke and Calum are back with a chat about England & Wales Court of Appeal case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555. Enjoy!
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#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...
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#59 Two Bites of the Arbitral Award Cherry
In this episode, Luke is joined by Eva-Maria Mayer, senior associate with FZ based in New York. Eva and Luke discuss Smarter Tools Inc. v. Chongqing SENCI Import & Export Trade Co. Ltd. et al., No. 21-724, (2d Cir. Jan. 17, 2023). We hope you enjoy!
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#58 Bankers eat Quince(care) late in HK
This week Luke and Calum welcome a special guest! Matthew McGhee, barrister with Twenty Essex Chambers to discuss Hong Kong Final Court of Appeal case PT Asuransi Tugu Pratama Indonesia TBK v Citibank NA [2023] HKCFA 3. We hope you enjoy!
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#57 Navigating the port unsafely
This week Luke and Calum are joined by ZFZ Senior Associate Philip Vagin to discuss London Arbitration 2/23. Enjoy!
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#56 Process of Deduction
Case by Case - episode 56 - Process of Deduction. This week Luke and Calum discuss the English High Court case Fastfreight Pte Ltd v Bulk Trident Shipping Ltd (Re Arbitration Act 1996) [2023] EWHC 105 (Comm) (24 January 2023). Off-hire. An essential concept in time charters. What if parties make...
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#55 Snooze, You Lose
In this week's episode, Luke and Calum discuss English Commercial Court case Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 (Comm). Commodity sales contract dispute between buyer and seller. Seller paid significant sums but not the full price. Buyer received those sums and…
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ABOUT THIS SHOW
Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, focused on shipping, international trade and commercial law. We each read the case, then jump straight on the podcast and hit record. All you hear is our organic conversation and our thoughts on what the case is about, what the Court decided, and how the decision may affect the industry. *any guidance or suggestions given in any podcast episode is generic in nature and not to be considered as legal advice. Please contact lawyers for specific, legal advice.www.floydzad.com / [email protected]
HOSTED BY
Floyd Zadkovich
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Frequently Asked Questions
How many episodes does Case by Case have?
Case by Case currently has 104 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Case by Case about?
Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, focused on shipping, international trade and commercial law. We each read the case, then jump straight on the podcast and hit record. All you hear is our organic conversation and our thoughts on what the case is about,...
How often does Case by Case release new episodes?
Case by Case publishes regularly with 104 episodes available. Check the episode list for the typical release schedule.
Where can I listen to Case by Case?
You can listen to Case by Case on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Case by Case?
Case by Case is created and hosted by Floyd Zadkovich.
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