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Filikos Shipping Corporation of Monrovia v. Shipmair B.V. (The Filikos) - Court of Appeal (Sir John Donaldson, M.R., O’Connor and Dillon L.JJ.) - 27 October 1982
The Filikos
was chartered on the Baltime form, which contained a Berth Standard Average clause (clause 50). Some cargo was damaged on discharge as a result of the negligence of stevedores whose employment had been arranged and paid for by the..
Online Published Date:
11 November 1982
Appeared in issue:
79 - 11 November 1982
La Pintada Compania Navegacion S.A. v. President of India (The La Pintada) - Q.B.D. (Com.Ct.) (Staughton J.) - 26 October 1982
Disputes arose under a voyage charterparty in respect of freight and demurrage. Arbitration was commenced by the owners on 10 May 1977. On 6 July 1979 the charterers made an open offer to settle the whole claim on payment of £22,199 being..
Online Published Date:
11 November 1982
Appeared in issue:
79 - 11 November 1982
The Sennar - Q.B.D. (Adm.Ct.) (Sheen J.) -
21 October 1982
The plaintiffs were the successors in title to a company which had purchased certain goods which were to be shipped not later than August 1973. The shipping documents as presented showed that the goods had been shipped on board the..
Online Published Date:
11 November 1982
Appeared in issue:
79 - 11 November 1982
The Munster - Q.B.D. (Adm.Ct.) (Sheen J.) - 12 October 1982
The plaintiffs had supplied fuel and diesel oil to the vessel Munster
in Denmark but had not been fully paid. On 15 September 1982 the plaintiffs issued a writ in rem
against Munster
, naming the defendants as the demise charterers of the vessel...
Online Published Date:
11 November 1982
Appeared in issue:
79 - 11 November 1982
Franklin Mint Corporation v. Transworld Airlines - U.S. Ct. of Appeals (2nd Circuit) (Oakes, Cardamone and Winter C.JJ.) - 28 September 1982
TWA sought to limit its liability under Article 22 of the Warsaw Convention for the loss of a cargo of coins. Article 22 limits a carrier’s liability in terms of a specified number of gold or “Poincarí” francs, a unit of..
Online Published Date:
11 November 1982
Appeared in issue:
79 - 11 November 1982
Compania Naviera General S.A. v. Kerametal Ltd. (The Lorna I) - Court of Appeal (Sir John Donaldson M.R., O’Connor and Dillon L.JJ.) - 15 October 1982
Disponent owners and charterers entered into a freight contract for the carriage of goods from Durres, Albania to various possible alternative ports. The contract made provision for payment of advance freight as follows:
- 16. Freight..
Online Published Date:
11 November 1982
Appeared in issue:
79 - 11 November 1982
Telfair Shipping Corporation v. Athos Shipping Co. (The Athos) - Court of Appeal (Stephenson, Kerr & Purchas L.JJ.) - 18 November 1982
The Court of Appeal has dismissed the owners’ appeal from the decision of Neill J. (see [1981] 2 Lloyd’s Rep. 74). The Court of Appeal’s judgment is of considerable interest in the light of its obiter
discussion of the meaning of..
Online Published Date:
25 November 1982
Appeared in issue:
80 - 25 November 1982
Godwin v. Jenkins (The Ignition) Q.B.D. (Div.Ct.) (Ackner L.J., Sheen and Webster JJ.) - 12 November 1982
Mr. Godwin was the master of the vessel Ignition
. He wished to navigate the vessel from Fosdyke along the River Welland to the sea. The river was in a compulsory pilotage area, and before taking his vessel to sea Mr. Godwin requested the attendance..
Online Published Date:
25 November 1982
Appeared in issue:
80 - 25 November 1982
Japan Lines Ltd. v. Himoff Maritime Enterprises Ltd. (The Kehrea) - Q.B.D. (Com. Ct.) (Mustill J.) - 4 August 1982
The charterers of the vessel Kehrea
applied to restrain the further conduct of an arbitration brought by the vessel’s owners on the ground that excessive delay in the conduct of the arbitration had brought the arbitration agreement to an end...
Online Published Date:
25 November 1982
Appeared in issue:
80 - 25 November 1982
Westfal-Larsen & Co. v. Ikerigi Compania Naviera (The Messianiaki Bergen - Q.B.D. (Com.Ct.) (Bingham J.) - 20 October 1982
The time charterers of the vessel Messianiaki Bergen
sought an order under section 10 of the Arbitration Act 1950 for the appointment of an arbitrator. The charterparty was on the Selltime 3 form, clause 40 of which provided:
- (a) This charter..
Online Published Date:
25 November 1982
Appeared in issue:
80 - 25 November 1982
The Djatisari - Supreme Ct. of Hong Kong (Adm.) (Power J.) - 13 October 1982
This is another case where the interpretation of section 3(4) of the Administration of Justice Act 1956 (applicable in Hong Kong) was under consideration. The relevant subsection provided:
- (4) In the case of any such claim as is mentioned in..
Online Published Date:
25 November 1982
Appeared in issue:
80 - 25 November 1982
20/82
The vessel was chartered on the Gencon form. She loaded a cargo of logs and lumber at Sinoe, West Africa, and sailed to her three ports of discharge, namely Leixoes, Santander and Amsterdam in that rotation. All the allowed laytime was used at..
Online Published Date:
25 November 1982
Appeared in issue:
80 - 25 November 1982
Norway and Asia Lines v. Adamjee Jute Mills Ltd. - Supreme Ct. of Bangladesh (High Ct. Div.) - Bangladesh Legal Decisions Vol. 1 - April 1981
The question before the Bangladesh Supreme Court was what was the value of the amount of £100 per package or unit as envisaged by Article IV, rule 5, of the Hague Rules as adopted in the English Carriage of Goods by Sea Act 1924 (currently in..
Online Published Date:
25 November 1982
Appeared in issue:
80 - 25 November 1982