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Case by Case
Floyd Zadkovich
99 episodes
3 weeks ago
The easy way to stay on top of the case law that matters. Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, in our podcast 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. Comments, questions, or a case for us to look at? Send it to: marketing@floydzad.com Find out more about the firm at: www.floydzad.com
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Business
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All content for Case by Case is the property of Floyd Zadkovich and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
The easy way to stay on top of the case law that matters. Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, in our podcast 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. Comments, questions, or a case for us to look at? Send it to: marketing@floydzad.com Find out more about the firm at: www.floydzad.com
Show more...
Business
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Ep #83 Polar Explorers 2 (unrelated)
Case by Case
29 minutes 5 seconds
1 year ago
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 visit only a small part of the Northwest Passage, missing out on historically significant sites associated with the region's explorers. Instead, much of the cruise was spent exploring the west coast of Greenland.

The Shermans filed a claim in the County Court seeking a refund and compensation, arguing that they should have been informed of the changed itinerary and given the option to cancel. After a seven-day trial, spread over four months, their claim was dismissed by Mr. Recorder Bowes QC. On appeal to the High Court, Mrs. Justice Collins Rice held that ROL breached the contract in two ways and sent the case back to the County Court to determine remedies. ROL appealed this decision, seeking to uphold the Recorder's ruling.

A key point of contention was whether the contract included a specific itinerary, starting at Cambridge Bay and traveling through the Northwest Passage to Pond Inlet before crossing to Greenland for the return flight. The Recorder found that this itinerary was not contractually binding, whereas the Judge disagreed.

Ultimately, the appeal was dismissed, and the case was remitted to the County Court for further consideration of remedies. This case highlights the importance of clear contractual terms in travel arrangements and the significance of accurately representing the scope of services offered.

Click here to download the full case.

Case by Case
The easy way to stay on top of the case law that matters. Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, in our podcast 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. Comments, questions, or a case for us to look at? Send it to: marketing@floydzad.com Find out more about the firm at: www.floydzad.com