17 July 2015
Bunge SA v Nidera BV (formerly known as Nidera Handelscompagnie BV) [2015] UKSC 43, [2015] All ER (D) 03 (Jul)
The Supreme Court considered a dispute arising from a ban on the export of wheat from Russia, which had prevented the carrying out of an agreement to sell wheat between the defendant seller and the claimant buyer. The GAFTA Board of Appeal held that the seller was liable to the buyer. The Supreme Court held that the Board of Appeal had been right to find against the seller in liability, but that, applying the principle in Golden Strait Corpn v Nippon Yusen Kubishika Kaisha ([2007] 2 All ER (Comm) 97) the award of the Board of Appeal would be varied to substitute a sum of nominal damages.
