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Afovos Shipping v. Pagnan & anr. (The Afovos) - Court of Appeal (Lord Denning M.R., Griffiths and Kerr L.JJ.) - 2 March 1982
The charterparty provided:
Payment of . . . hire is to be made in London to the First National Bank of Chicago . . . semi-monthly in advance . . . otherwise failing the punctual and regular payment of the hire . . . the owners shall be at liberty to..
Online Published Date:
01 April 1982
Appeared in issue:
63 - 01 April 1982
The Garden City - Q.B.D. (Adm. Ct.) (Staughton J.) - 2 March 1982
The Garden City
was totally lost as the result of a collision with the Zaglebie Dabrowskie
in the North Sea on 19 March 1969. In an Admiralty action in rem
by the owners of the Garden City
(Atlantic Maritime Co.) against the owners of the..
Online Published Date:
01 April 1982
Appeared in issue:
63 - 01 April 1982
Conclusion
The judge found that the fault of Captain K. and his staff was not “actual fault” of Polsteam. They were not the directing mind of the company, either in practice or under the company’s constitution. Although it was not necessary..
Online Published Date:
01 April 1982
Appeared in issue:
63 - 01 April 1982
Tradax Export v. Dorada Compania Naviera (The Lutetian) - Q.B.D. (Com. Ct.) (Bingham J.) - 4 March 1982
The Lutetian
was time-chartered by the owners on the NYPE form. Hire was payable monthly in advance, and failing punctual payment, the owners could withdraw the vessel from the charterers’ service after giving appropriate notice. In early..
Online Published Date:
01 April 1982
Appeared in issue:
63 - 01 April 1982
Kuhr et al. v. The Ship Friedrich Busse et al. - Fed. Ct. (Addy J.) - 17 February 1982
This case concerned large claims by the owners of a deep sea fishing vessel against a West German fish processing vessel for damages for breaches of a contract committed in 1981 in the Gulf of Alaska in the Pacific Ocean, outside U.S. territorial..
Online Published Date:
01 April 1982
Appeared in issue:
63 - 01 April 1982
Astromar Shipping Inc. v. Marc Rich Co. (The Annabelle E) Q.B.D. (Com. Ct.) (Bingham J.) - 5 February 1982
In this application for leave to appeal under section 1(2) of the Arbitration Act 1979, Bingham J. refused leave to appeal against a finding of the umpire even though he was of the opinion that the umpire was probably wrong on the particular point...
Online Published Date:
01 April 1982
Appeared in issue:
63 - 01 April 1982
Western Sealanes Corporation v. Unimarine S.A. (The Pythia) - Q.B.D. (Com. Ct.) (Robert Goff J.) - 3 March 1982
The charterers time-chartered the vessel Pythia
on the NYPE form for the carriage of goods to Khorramshar on the Shatt-al-Arab. Clause 8 provided that the charterers were to discharge the cargo at their expense under the supervision of the master...
Online Published Date:
01 April 1982
Appeared in issue:
63 - 01 April 1982
Garbis Maritime Corporation v. Philippine National Oil Co. (The Garbis) - Q.B.D. (Com. Ct.) (Robert Goff J.) - 2 March 1982
The owners hired the Garbis
to the charterers on an Exxonvoy form for the carriage of oil from Bahrein to the Philippines. Clause 20 provided that:
the Master shall, upon request, sign bills of lading in the form appearing below for all cargo..
Online Published Date:
15 April 1982
Appeared in issue:
64 - 15 April 1982
8/82
One of the issues in this arbitration was whether delays during discharge caused by high swell at various times on five separate days entitled the charterers to deduct such periods from the laytime. The charterparty provided that the vessel was to..
Online Published Date:
15 April 1982
Appeared in issue:
64 - 15 April 1982
9/82
The charterer claimed for an overpayment of freight under a charterparty dated June 1979. At the outset of the arbitration the figures were in dispute because despatch money had not been agreed, but by the time of the hearing the owners conceded..
Online Published Date:
15 April 1982
Appeared in issue:
64 - 15 April 1982
Paal Wilson & Co. v. Partenreederei Hannah Blumenthal (The Hannah Blumenthal) - Court of Appeal (Lord Denning M.R., Griffiths and Kerr L.JJ.) - 26 March 1982
A dispute arose under a Norwegian sale form contract dated 23 September 1969 involving the vessel Hannah Blumenthal
. In 1972 both parties appointed their arbitrators. Under the arbitration clause a third arbitrator should have been appointed, but..
Online Published Date:
15 April 1982
Appeared in issue:
64 - 15 April 1982
The Marion - Q.B.D. (Adm. Ct.) (Sheen J.) - 30 March 1982
On 14 March 1977 the tanker Marion
anchored off Hartlepool and in the course of doing so severely damaged an oil pipeline which ran from the Ekofisk Field to Teesside. The owners of the pipeline claimed some $25,000,000 from the Marion
’s..
Online Published Date:
15 April 1982
Appeared in issue:
64 - 15 April 1982
Cosmar Compania Naviera v. Total Transport Corpn. (The Isabelle) - Q.B.D. (Com. Ct.) (Robert Goff J.) - 23 February 1982
Cosmar chartered their vessel Isabelle
to Total on the SHELLVOY 3 form for a voyage from one safe port Algeria to one or two safe ports in United States ranges. The Isabelle
proceeded to Bejaia, the loading port, and anchored in the roads on 19..
Online Published Date:
15 April 1982
Appeared in issue:
64 - 15 April 1982
Universe Tankships Inc. of Monrovia v. International Transport Workers’ Federation and ors. (The Universe Sentinel) - House of Lords (Lords Diplock, Cross, Russell, Scarman and Brandon) - 1 April 1982
The appellant shipowners had paid a sum of money to the ITF in order to have the blacking of their vessel Universe Sentinel
lifted so as to enable her to leave the port of Milford Haven. Part of this sum - $6,480 - was paid as a contribution to the..
Online Published Date:
29 April 1982
Appeared in issue:
65 - 29 April 1982
Babanaft International Company S.A. v. Avant Petroleum Inc. (The Oltenia) - Court of Appeal (Stephenson and Donaldson L.JJ. and Sir David Cairns) - 7 April 1982
This was the first application for leave to appeal from the High Court under section 2 of the Arbitration Act 1979. This section deals with the determination of a question of law arising in the course of an arbitration reference.
The owners were..
Online Published Date:
29 April 1982
Appeared in issue:
65 - 29 April 1982
Julian Sundberg Jensen & ors. v. The Corporation of the Trinity House of Deptford The Dana Anglia) - Court of Appeal (Lord Denning M.R., Griffiths and Kerr L.JJ.) - 7 April 1982
Actions were brought on behalf of the masters of a number of Danish and German vessels regularly calling at the port of Harwich. The plaintiffs complained about having to be piloted in and out of Harwich by British pilots. It cost the shipowners..
Online Published Date:
29 April 1982
Appeared in issue:
65 - 29 April 1982
Amin Rasheed Shipping Corpn. v. Kuwait Insurance Co. (The Al Wahab) - Q.B.D. (Com. Ct.) (Bingham J.) - 30 March 1982
The plaintiffs (Rasheed) were a Liberian corporation and owned the vessel Al Wahab
. The defendants (KIC) were an insurance company incorporated in Kuwait and carrying on business there. Rasheed claimed against KIC in respect of the constructive..
Online Published Date:
29 April 1982
Appeared in issue:
65 - 29 April 1982
Skjelbreds Rederi A/S and ors. v. Hartless (Pty.) Ltd. - Supreme Court of South Africa (Appellate Division) - 9 March 1982
F. Inc. (a Panamanian company) claimed US$336,741.76 from S. (a Norwegian company) under a charterparty concluded between F. Inc. and S. at Oslo on 15 April 1978. S. also had a claim against T. Ltd. (a South African company) under a separate..
Online Published Date:
29 April 1982
Appeared in issue:
65 - 29 April 1982
10/82
The vessel, which was under a time charter, was on a laden voyage carrying some cargo on deck. She encountered heavy weather which caused some of the deck cargo to shift and necessitated the vessel putting into port. There was no question of..
Online Published Date:
29 April 1982
Appeared in issue:
65 - 29 April 1982
11/82
The vessel was chartered on the Asbatankvoy form which contained the following typewritten provisions:
Freight payable before breaking bulk to [Bank and account number] in favour of [owners] . . .
Demurrage, if any, incurred at load and/or discharge..
Online Published Date:
29 April 1982
Appeared in issue:
65 - 29 April 1982