i-law.com - Newsletter (Lloyd's Maritime Law Newsletter)

The Vasili Shelgunov - Q.B.D. (Adm.Ct.) (Sheen J.) - 16 March 1988

In non-Admiralty cases Order 22, rule 3 of the Rules of the Supreme Court provides that where money is paid into court by a defendant the plaintiff may within 21 days thereafter accept the money in satisfaction of this cause of action. Order 75,..

Online Published Date: 09 April 1988

Appeared in issue: 220 - 09 April 1988

Den Norske Creditbank Plc v. Hector Maritime Inc. and Efstratios Scountjos - Q.B.D. (Com.Ct.) (Steyn J.) - 23 March 1988

One of the points raised in this action was whether the court should appoint a partner in a firm of maritime solicitors to act as receiver in connection with the conduct of certain litigation. Reference was made to Re Hopkins (1881) 19 Ch.D. 61 and..

Online Published Date: 09 April 1988

Appeared in issue: 220 - 09 April 1988

Formosa Plastics Corporation (U.S.A.) and others v. Arthur Collwyn Sturge and others - U.S. District Court (S.D.N.Y.) - 1988 A.M.C. 333

Formosa (U.S.A.) purchased from the defendants an open marine cargo insurance policy covering shipments of chemicals. Shipments of chemicals was found to be contaminated and claims were made under the policy. The insurance contract contained a..

Online Published Date: 09 April 1988

Appeared in issue: 220 - 09 April 1988

Mid South Feeds Inc. and others v. M/V Aqua Marine and others - U.S. District Court (Southern District of Georgia) - 1988 A.M.C. 437

The vessel Aqua Marine was chartered to carry a cargo of soyabean meal from Brunswick, Georgia to Egypt. Clause 40 of the charter provided: Any dispute arising under this charterparty or any bills of lading issued hereunder shall be referred to..

Online Published Date: 09 April 1988

Appeared in issue: 220 - 09 April 1988

State Establishment for Agricultural Product Trading v. M/V Wesermunde and others - U.S. Court of Appeals (11th Circuit) (Vance & Hatchett C.JJ. and Owens C.D.J.) - 11 March 1988

In this case the relevant charterparty contained a London arbitration clause and the relevant bills of lading provided: All the terms, conditions, liberties, and exceptions of the charterparty are herewith incorporated. As per charterparty dated..

Online Published Date: 09 April 1988

Appeared in issue: 220 - 09 April 1988

Marc Rich & Co. Ltd. v. Tourloti Compania Naviera S.A. (The Kalliopi A) - Court of Appeal (Slade and Staughton L.JJ. and Sir Roualeyn Cumming-Bruce) - 18 March 1988

The vessel Kalliopi A was chartered to carry a cargo of scrap from Rotterdam to Bombay. The charterparty provided that notice of readiness was to be given whether in berth or not. Clause 36 provided: The act of God . . . enemies, fire floods . . ...

Online Published Date: 09 April 1988

Appeared in issue: 220 - 09 April 1988

South African Marine Corporation v. Eternity Shipping Corporation (The Hellas in Eternity) - Q.B.D. (Com.Ct.) (Gatehouse J.) -

3 March 1988 The vessel Hellas in Eternity was chartered on the NYPE form for a time charter trip from South Africa to U.S. West Coast or British Columbia. The vessel loaded cargoes at Durban for Los Angeles, Portland and Vancouver, B.C. After..

Online Published Date: 23 April 1988

Appeared in issue: 221 - 23 April 1988

Belgravia Navigation Co. S.A. v. Canor Shipping Ltd. (The Jasmine) - Court of Appeal (Parker and Balcombe L.JJ.) - 13 April 1988

Under a memorandum of agreement dated 22 October 1984 on the Norwegian Saleform the buyers agreed to buy the vessel Jasmine from the sellers. The particulars of the vessel included the detail: “Built: - January 1971.” There was a..

Online Published Date: 23 April 1988

Appeared in issue: 221 - 23 April 1988

H. Smith Packing Corporation and others v. Hub Forwarding Co. Inc. and others (The Irving Timber) - Federal Court (Trial Div.) (Martin J.) - 17 February 1988

The plaintiffs claimed damages from the defendant, Hub Forwarding Co. Inc., for negligently misrepresenting the conditions upon which the cargo was to be carried aboard the vessel Irving Timber , thereby causing the plaintiffs loss and damage. The..

Online Published Date: 23 April 1988

Appeared in issue: 221 - 23 April 1988

Elmira Inc. v. Comexas N.V. (The Marina L) - U.S. District Court (S.D.N.Y.) (Walker D.J.) - 18 February 1988

The disputes in this case arose out of the grounding of the vessel Marina L. Elmarina Inc., the shipowners, and Lloyd Brasileiro (“Lloyd”), the time-charterers, applied to the court to consolidate certain arbitrations. Comexas N.V., the..

Online Published Date: 23 April 1988

Appeared in issue: 221 - 23 April 1988

Travelers Indemnity Co. v. Calvert Fire Insurance Co. and others. The London Steamship Owners’ Mutual Insurance Association Ltd. United States of America v. Ta Chi Navigation (Panama) Corporation and others. Fenton Insurance Co. and others - U.S. Court of Appeals (5th Circuit) (Williams, Garwood and Jones, C.JJ.) - 19 January 1988

The vessel Eurybates collided with the U.S. Navy destroyer Dahlgren . In limitation proceedings a total of $1,353,560, composed of $753,353 collision damages to the Dahlgren and $603,207 awarded to the United States as equitable subrogee of the..

Online Published Date: 23 April 1988

Appeared in issue: 221 - 23 April 1988