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Commodities in Focus weekly – issue 136

The Court of Appeal clarifies limits of undisclosed principal liability in Berge Bulk Shipping Pte Ltd v Taumata Plantations Limited & ors [2025] EWCA Civ 876

Introduction

The Court of Appeal has considered the circumstances in which an undisclosed principal can be held liable under a contract, specifically two letters of indemnity (the "LOIs") issued to facilitate the discharge of two cargoes of timber without production of the bills of lading. The judgment provides important clarification on the law governing undisclosed principals.

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Authors

Sean Gibbons, Partner

Lois Day, Knowledge Development Lawyer

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