This presentation surveyed the current position as to the efficacy of commonly used “As Is” or “As Is, Where Is” terms following the decision in The Union Power (2013). Simon reconsidered that case in the light of more recent authority, including Hirtenstein & Il Sole Ltd v Hill Dickinson LLP (July 2014) and suggested that, contrary to the obiter views in The Union Power, such terms could and should work to exclude implied conditions as to quality under the Sale of Goods Act 1979 if properly used. He also considered the general exclusions in the new BIMCO Saleform 2012 and other forms, including the Singapore Ship Sale Form.
About the Speaker
Simon Rainey Q.C. is one of the best-known and highly regarded practitioners at the UK Commercial Bar with a reputation for his intellect, advocacy skills,commercial pragmatism and commitment to client care. He was Counsel for the successful buyers in The Union Power.
He regularly handles substantial and high value commercial disputes arising out of widely differing commercial contracts and contexts, usually with an international aspect and often involving pre-emptive applications such as worldwide freezing orders and complex issues relating to jurisdiction, conflicts of law and enforcement as well as commercial fraud. Simon is also particularly well-known for his expertise in all aspects of shipping and maritime law with a particular focus on energy and oil / gas disputes at all levels of the industry from construction and production to joint ventures, production sharing agreements and all aspects of trading contracts, as well as liability issues arising from rig and offshore field casualties and cases at the cutting edge of energy technology involving wind farms, new generation oil rigs and LNG.
Simon has been recognised for many years by both Chambers & Partners (UK, Global & Asia) and the Legal 500 as a Leading Silk in the areas of “Commercial Dispute Resolution”, “International Arbitration”, “Energy and Natural Resources”, “Shipping / Commodities” and “Insurance””. The most recent editions note Simon as “one of those super silk guys who has the judges eating out of his hands”; “hard-working, diligent and rapier-like in cross-examination”; “…a ferociously intelligent, calm advocate who is imbued with great authority.. fast approaching super silk level,” , “he can go into bat confidently against anyone at the Commercial Bar”…”.
Simon also sits as a Deputy High Court Judge in the Commercial Court and as an International Arbitrator.
