- Practice Areas
- Publication Type
- Resources
- Practice Areas
- Publication Type
- Resources
- Home/Publications/Lloyd's Maritime Law Newsletter
Elafonissos Fishing and Shipping Co v Aigaion Insurance Co SA (The "Agios Spyridon") - QBD (Com Ct)(Gloster J) - 4 April 2012
The fishing vessel Agios Spyridon was insured under a policy of marine insurance which stated: “Warranted vessel laid up from 1/11/06 until 28/2/07 BDI in port of Mahajanga [Madagascar] …”.
The owner of the vessel made a claim on..
Online Published Date:
02 May 2012
Appeared in issue:
846 - 02 May 2012
Finmoon Ltd and Anr v Baltic Reefers Management Ltd and Ors - QBD (Com Ct)(Eder J) - 17 April 2012
The second claimant (“Megafruit”), a Russian company, imported bananas from Ecuador by weekly shipments on reefer vessels. The first claimant (“Finmoon”) made the shipping arrangements for Megafruit. From the second half of..
Online Published Date:
02 May 2012
Appeared in issue:
846 - 02 May 2012
Nestor Maritime SA v Sea Anchor Shipping Co Ltd – QBD (Com Ct)(Eder J) – 20 April 2012
Disputes arose between the claimant sellers and the defendant buyers arising out of the sale in 2007 of an oil tanker. The buyers said that the sellers misrepresented the condition of the vessel. The sellers commenced arbitration proceedings against..
Online Published Date:
15 May 2012
Appeared in issue:
847 - 15 May 2012
VTC v PVS – QBD (Com Ct)(Hamblen J) – 26 April 2012
On 23 September 2005 the vessel was chartered on an amended Shelltime 4 form for a period of about 10 years. Clause 64 of the charter provided:
“64 Tanks, Lines and Pumps Suitability
Owners warrants that vessel will arrive at each load..
Online Published Date:
15 May 2012
Appeared in issue:
847 - 15 May 2012
Isabella Shipowner SA v Shagang Shipping Co Ltd (The “Aquafaith”) – QBD (Com Ct)(Cooke J) – 26 April 2012
The vessel Aquafaith was chartered on an amended NYPE form dated 19 September 2006 for a duration of 59–61 months. The charter also included a warranty that the vessel would not be re-delivered before the minimum period of 59 months which, in..
Online Published Date:
15 May 2012
Appeared in issue:
847 - 15 May 2012
ENE 1 Kos Ltd v Petroleo Brasileiro SA (“The Kos”) – Supreme Court (Lord Phillips PSC, Lord Walker, Lord Mance, Lord Clarke and Lord Sumption JJSC) – 2 May 2012
The VLCC Kos was chartered on the Shelltime 3 form for 36 months (plus or minus 15 days at charterers’ option). Clause 13 provided that the master should be under the orders and directions of the charterers and that the charterers should..
Online Published Date:
15 May 2012
Appeared in issue:
847 - 15 May 2012
Chimbusco Pan Nation Petro-Chemical Co Ltd v The Owners and/ or Demise Charterers of the Ship or Vessel “Decurion” – High Ct of Hong Kong SAR (Ct of First Instance) (Reyes J) – 4 May 2012
The vessel Decurion was owned by Maruba SCA (“Maruba”). Decurion and 10 other vessels had been time-chartered to Clan SA (“Clan”) on NYPE forms. Clan had an agreement with South Atlantic Container Ltd (“South..
Online Published Date:
29 May 2012
Appeared in issue:
848 - 29 May 2012
Western Bulk Shipowning III A/S v Carbofer Maritime Trading ApS and Ors (The “Western Moscow”) – QBD (Com Ct)(Christopher Clarke J) – 11 May 2012
The claimant owners chartered the vessel Western Moscow to the first defendant charterers (“CMT”) on an amended NYPE form. The lien clause contained an amended version of clause 18 of the NYPE 1946 form and provided:
“That the..
Online Published Date:
29 May 2012
Appeared in issue:
848 - 29 May 2012
Rotenberg v Sucafina SA – Court of Appeal (Sir John Thomas, President QBD, Lloyd and Aikens LJJ) – 16 May 2012
Sucafina was a Swiss company specialising in coffee trading. It alleged that between June 1998 and March 2001 it entered into a series of coffee futures contracts with Mr Rotenberg. Mr Rotenberg was a Belgian citizen resident in the Democratic..
Online Published Date:
29 May 2012
Appeared in issue:
848 - 29 May 2012
Modion Maritime Management SA v Admiralty Shipbrokers and Consultants (Pty) Ltd and Ors (The “Newlead Gujarat”) – KwaZulu-Natal High Court (Lopes J) – 15 May 2012
On 29 March 2012 the Court ordered the sale of the vessel Newlead Gujarat following an application by Bank of Scotland plc in an action in rem. Annexed to the sale order was a set of Conditions of Sale.
Clause 20 of the Conditions of Sale..
Online Published Date:
29 May 2012
Appeared in issue:
848 - 29 May 2012