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

Schiffshypothekenbank Zu Lubeck A.G. v. Compton (The Alexion Hope) - Court of Appeal (Purchas, Lloyd and Nourse L.JJ.) -

18 December 1987 The vessel Alexion Hope was insured for U.S.$4,750,000. The benefit of the policy was assigned to the plaintiffs as mortgagees. In October 1982 a serious fire occurred in the engine room. The owners gave notice of abandonment,..

Online Published Date: 02 January 1988

Appeared in issue: 213 - 02 January 1988

Herald of Free Enterprise - Appeal on behalf of Captain Lewry - Q.B.D. (Div.Ct.) (Hirst and Phillips JJ.) - 17 December 1987

On the evening of 6 March 1987 the cross-channel ferry Herald of Free Enterprise sailed from Zeebrugge for Dover. A few minutes after leaving harbour she capsized in shallow water. Some 150 passengers and 38 members of the crew lost their..

Online Published Date: 02 January 1988

Appeared in issue: 213 - 02 January 1988

The Mekhanik Evgrafov and Ivan Derbenev - Q.B.D. (Adm.Ct.) (Sheen J.) - 3 December 1987

Cargo owners brought separate proceedings against shipowners for damage to their cargo. The actions were consolidated. The shipowners served a defence which included inter alia the plea that the damage had been caused without the actual fault or..

Online Published Date: 02 January 1988

Appeared in issue: 213 - 02 January 1988

First Steamship Co. Ltd. v. C.T.S. Commodity Transport (The Ever Spleandour) - Q.B.D. (Com.Ct.) (Phillips J.) - 1 December 1987

The vessel Ever Spleandour was chartered under a charterparty which contained a Centrocon Arbitration Clause which read: All disputes from time to time arising out of this contract shall . . . be referred to the final arbitrament of two arbitrators..

Online Published Date: 02 January 1988

Appeared in issue: 213 - 02 January 1988

Colonial Bank v. European Grain and Shipping Ltd. (The Dominique) - Court of Appeal (Fox, Croom-Johnson & Mustill L.JJ.)

- 21 December 1987 In April 1982 the owners of the vessel Dominique assigned all the earnings of the vessel to the plaintiff bank. On 16 June 1982 the vessel was chartered on the Gencon form for the carriage of a cargo from Kakinada in India to..

Online Published Date: 16 January 1988

Appeared in issue: 214 - 16 January 1988

The Ruben Martinez Villena - Q.B.D. (Adm.Ct.) (Sheen J.) - 21 December 1987

The defendants applied for a stay of proceedings on the ground that the bill of lading contained an exclusive jurisdiction clause. The plaintiffs took a point inter alia that the application had been made late. The defendants said that they had..

Online Published Date: 16 January 1988

Appeared in issue: 214 - 16 January 1988

Wishing Star Fishing Co. Ltd. and others v. The B C Baron and others - Fed.Ct. (Trial Div.) (Joyal J.) - 26 February 1987

The fishing vessel B C Baron damaged another fishing vessel’s nets. The master of the B C Baron , Mr. Krause, was the principal shareholder in the vessel’s owning company. A question arose as to whether the owning company could limit..

Online Published Date: 16 January 1988

Appeared in issue: 214 - 16 January 1988

Itel Containers International Corpn. and others v. Atlanttrafik Express Service Ltd. and others - U.S. District Court (S.D.N.Y.) (Carter D.J.) - 18 August 1987

Plaintiff Flexi-Van Leasing Inc. leased marine cargo containers and chassis to defendant Atlanttrafik Express Service Ltd. (“AES”). Rent for the containers and chassis, together with other charges, remained unpaid by AES. The plaintiffs..

Online Published Date: 16 January 1988

Appeared in issue: 214 - 16 January 1988

F.M.C. Corporation v. S.S. Marjorie Lykes - U.S. District Court (S.D.N.Y.) (Shirley Wohl Kram D.J.) - 4 December 1987

The plaintiffs shipped 30 fire engines on board the defendants’ vessel Majorie Lykes for carriage from North America to Egypt. Three of the five engines were seriously damaged during discharge in Egypt. The issue before the court concerned..

Online Published Date: 16 January 1988

Appeared in issue: 214 - 16 January 1988

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The vessel was chartered on the NYPE form, which provided: “2. That the charterers shall provide and pay for all fuel except as otherwise agreed . . . 53. Vessel’s..

Online Published Date: 16 January 1988

Appeared in issue: 214 - 16 January 1988

Naviera Mogor S.A. v. Societe Metallurgique de Normandie (The Nogar Marin) - Court of Appeal (Sir John Donaldson M.R., Mustill & Nicholls L.JJ.) - 15 January 1988

The vessel Nogar Marin was chartererd to carry a cargo of wire rods from Caen to Tampa. The cargo was manufactured and supplied by the charterers. Although some of the coils were rusty when shipped, the ship’s agents signed clean bills of..

Online Published Date: 30 January 1988

Appeared in issue: 215 - 30 January 1988

Palm Shipping Inc. v. Kuwait Petroleum Corporation (The Sea Queen) - Q.B.D. (Com.Ct.) (Saville J.) - 2 December 1987

The vessel Sea Queen was chartered for a voyage from the Arabian Gulf to a range of discharging ports. The vessel arrived off the loading port, Mina al Ahmadi, at 06 55 on 1 January 1985 and tendered notice of readiness. There was then a delay...

Online Published Date: 30 January 1988

Appeared in issue: 215 - 30 January 1988

Sunderland Steamship P & I Association v. Gatoil International Inc. (The Lorenzo Halcoussi) - Q.B.D. (Com.Ct.) (Steyn J.) - 12 November 1987

Charterers alleged that a crude oil cargo had been contaminated by some 6,000 barrels of water. They brought arbitration proceedings against the shipowners. The charterers alleged that the presence of seawater in the cargo was caused by leakages..

Online Published Date: 30 January 1988

Appeared in issue: 215 - 30 January 1988

ICI Operations (Australia) Pty. Ltd. v. Stolt Nielsen Australia Pty. Ltd. (The Stolt Australia) - Supreme Court of Victoria (Com.Ct.) (Beach J.) - 16 December 1987

On 7 June 1985 the parties entered into a Contract of Affreightment relating to the defendant’s vessel Stolt Australia . The COA provided: 5. Period Two years, owner’s option two further years use commencing basis presentation of vessel..

Online Published Date: 30 January 1988

Appeared in issue: 215 - 30 January 1988