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

Derby & Co. Ltd. & others v. Weldon & another - C.A. (May, Parker & Nicholls L.JJ.) - 29 July 1988

Claims were made against two former directors of one of the plaintiff companies, based upon breach of contract, negligence, breach of fiduciary duty, deceit and conspiracy to defraud. The sums involved exceeded £15 million. Applications were..

Online Published Date: 08 October 1988

Appeared in issue: 233 - 08 October 1988

Western Stevedoring Co. Ltd. v. The cargo ex the ship Anadolu Guney and others - Fed.Ct. (Trial Div.) (McNair J.) - 17 June 1988

The vessel Anadolu Guney was chartered on terms which were not known to the court. The vessel loaded a cargo of logs in Canada. The plaintiff stevedoring company was engaged by another Canadian company, Mark’N Forest Products Ltd., to load the..

Online Published Date: 08 October 1988

Appeared in issue: 233 - 08 October 1988

Chantier Naval Voisin and another v. M/Y Daybreak - U.S. District Ct. (S.D. Florida) (Marcus J.) - 27 January 1988

A French repair contractor brought suit to recover under a maritime lien for services rendered in France. At the time the work was performed the vessel was registered in Panama. Subsequently the vessel was arrested in the United States in order to..

Online Published Date: 08 October 1988

Appeared in issue: 233 - 08 October 1988

Floyd v. Lykes Bros. Steamship Co. Inc. (The Shirley Lykes) - U.S. Ct. of Appeals (3rd Circuit) (Weis, Greenberg and Aldisert C.JJ.) - 21 April 1988

James H. Floyd, an ordinary seaman, died on board the S.S. Shirley Lykes during the night of 19 August 1983 as the result of a heart attack. The vessel was at sea passing through the Straits of Gibraltar, en route from Europe to Canada and the..

Online Published Date: 08 October 1988

Appeared in issue: 233 - 08 October 1988

6/88

The vessel, a newbuilding, was time-chartered for two round voyages of 28/35 days duration with options to the charterers to extend the charterparty for 3/3/3 months. The charterparty provided: Special features . . . economical speed: abt 11 knots..

Online Published Date: 08 October 1988

Appeared in issue: 233 - 08 October 1988

Esso Petroleum Co. Ltd. v. Hall Russell & Co. Ltd. (The Esso Bernicia) - House of Lords (Lord Keith, Lord Brandon, Lord Templeman, Lord Goff and Lord Jauncey) - 6 October 1988

In 1978 the tanker Esso Bernicia (“Bernicia”), owned by Esso Petroleum, was being berthed with tug assistance at the oil terminal at Sullom Voe when one of the tugs suffered an engine defect and had to cast off her towing line. The..

Online Published Date: 22 October 1988

Appeared in issue: 234 - 22 October 1988

Chloride Industrial Batteries Ltd. and The State of Jersey Telecommunications Board

v. F. & W. Freight Ltd. - Q.B.D. (Sheen J.) - 13 October 1988 The first plaintiffs agreed to carry a consignment of batteries by road from Manchester to Jersey. The issue before the court was whether the CMR Convention as enacted into English..

Online Published Date: 22 October 1988

Appeared in issue: 234 - 22 October 1988

Nissho Iwai Ltd. v. Malaysian International Shipping Corporation (The Bunga Teratsai) - New South Wales Court of Appeal (Kirby P., Hope & Clarke JJ.A.) - 29 April 1988

700 cartons of Malaysian prawns were carried in a container under a combined transport bill of lading pursuant to which the carrier agreed to carry the cargo from Sarawak via Singapore to Sydney. The container was stolen whilst in the custody of..

Online Published Date: 22 October 1988

Appeared in issue: 234 - 22 October 1988

The Monk Corporation v. Island Fertilizers Ltd. (The Super Spirit) - Fed.Ct. (Trial Div.) (McNair J.) - 5 July 1988

The plaintiffs agreed to sell a cargo of urea to the defendants to be shipped from Russia on consignment to the defendants for discharge at three ports in Canada. The urea was carried by the vessel Super Spirit , which discharged the cargo by..

Online Published Date: 22 October 1988

Appeared in issue: 234 - 22 October 1988

Pace v. Insurance Co. of North America (The Patriot) - U.S. Ct. of Appeals (1st Circuit) (Campbell C.J., Bownes and Torruella C.JJ.)

- 19 February 1988 The 72 foot wooden Rhode Island fishing vessel Patriot sank in daylight in calm waters. The owner claimed on the vessel’s commercial hull insurers who rejected the claim. The owner instituted proceedings for recovery under..

Online Published Date: 22 October 1988

Appeared in issue: 234 - 22 October 1988