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Marcan Shipping (London) Ltd. v. Polish Steamship Co. (The Manifest Lipcowy) - Q.B.D. (Com.Ct.) (Evans J.) - 17 December 1987
Mr. Yamvrais, a director of the plaintiff company, was a London shipbroker. He negotiated the sale of the vessel Manifest Lipcowy
by the defendants to a company to be nominated by a Mr. Kafalas. The sale and purchase contract was based on the..
Online Published Date:
13 February 1988
Appeared in issue:
216 - 13 February 1988
Food Corporation of India v. Achilles Halcoussis (The Petros Hadjikyriakos) - Q.B.D. (Com.Ct.) (Steyn J.) - 7 October 1987
This case illustrates the importance of the wording of letters appointing arbitrators to resolve charterparty disputes.
The vessel Petros Hadjikyriakos
was chartered under the Baltimore grain form as amended. The charterparty contained a Centrocon..
Online Published Date:
13 February 1988
Appeared in issue:
216 - 13 February 1988
Vitol B.V. v. Compagnie Europeene Des Petroles - Q.B.D. (Com.Ct.) (Saville J.) - 2 December 1987
A dispute arose out of a contract for the sale of a quantity of crude oil by Vitol to Compagnie Europeene. The contract provided:
4. Quality. Brent/Ninian/Forties (to be called hereinafter BNF) or Ekofisk crude oil at sellers’ option . . . The..
Online Published Date:
13 February 1988
Appeared in issue:
216 - 13 February 1988
Billings v. Zurich Insurance Co. - District Ct. of Ontario (Judge Ross) - 22 June 1987
The plaintiff was the owner of a 25-foot fibreglass boat which was insured under an all risks policy of marine insurance by the defendants. The application for the insurance stated: “this application is for professionally built boats used only..
Online Published Date:
13 February 1988
Appeared in issue:
216 - 13 February 1988
Whitbread v. Walley and others (The Calrossie) - Supreme Ct. of British Columbia (MacKinnon J.) - 12 November 1987
The plaintiff was seriously injured in a boat accident, sustaining permanent quadriplegia. He claimed damages from the owners and the operator of the Calrossie
, a 32-foot pleasure craft.
The owners and operators sought to limit their liability..
Online Published Date:
13 February 1988
Appeared in issue:
216 - 13 February 1988
Consolidated Aluminum Corp. v. C. F. Bean Corp. - U.S. Court of Appeals (5th Circuit) (Thornberry, Reavley & Politz C.JJ.) - 3 December 1987
The defendants were dredging the Calcasieu River Ship Channel near Lake Charles, Louisiana, pursuant to a contract with the U.S. Corps. of Engineers. The contract warned the defendants of Texaco’s 12 inch high pressure natural gas pipeline,..
Online Published Date:
13 February 1988
Appeared in issue:
216 - 13 February 1988
The Singer Co. (U.K.) Ltd. and another v. Tees and Hartlepool Port Authority (The Serra Dourada) - Q.B.D. (Com.Ct.) (Steyn J.) - 1 February 1988
The plaintiffs’ drilling machine was crated and delivered by freight forwarders to the defendant port authority to be loaded on board the vessel Serra Dourada
for carriage to Brazil. In the course of the loading operation (which was done by..
Online Published Date:
27 February 1988
Appeared in issue:
217 - 27 February 1988
Vitol S.A. v. Esso Australia Ltd. (The Wise) - Q.B.D. (Com.Ct.) (Leggatt J.) - 28 January 1988
In this case, the Commercial Court has pronounced some interesting dicta
on the construction of oil sale contracts expressed to be on C & F terms, but containing specific arrival dates for the cargo.
Vitol agreed to sell to Esso Australia a..
Online Published Date:
27 February 1988
Appeared in issue:
217 - 27 February 1988
Proctor & Gamble Philippine Manufacturing Corporation v. Kurt A. Becher G.m.b.H. - Court of Appeal (Kerr, Nicholls & Croom-Johnson L.JJ.) - 2 February 1988
In October 1983 Proctor & Gamble concluded a contract with Kurt A. Becher G.m.b.H. for 500 tonnes of Philippine copra expeller cake c.i.f. Rotterdam/Hamburg at $199.50 per tonne. The contract incorporated GAFTA form 100. The shipment period..
Online Published Date:
27 February 1988
Appeared in issue:
217 - 27 February 1988
Koch Fuel International Inc. v. M/V South Star - U.S. District Court (EDNY) (Dearie D.J.) - 30 December 1987
On 28 December 1987 the plaintiff applied to the court for an order of arrest and an order allowing expedited discovery of the defendant vessel. The court granted the order and the plaintiff arrested the vessel later on the same day.
On 29 December..
Online Published Date:
27 February 1988
Appeared in issue:
217 - 27 February 1988
I.T.T. Schaub Lorenz and others v. Birkart Johann Internationale Spedition G.m.b.H. & Co. K.G. and others - Court of Appeal (Sir John Donaldson M.R., Dillon &
Bingham L.JJ.) - 17 February 1988
This case concerned the carriage of 292 television sets from Bochum in the Federal Republic of Germany to Newcastle under Lyme in England by road and sea. The provisions of the Convention on the Contract for the..
Online Published Date:
27 February 1988
Appeared in issue:
217 - 27 February 1988