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The Excomm Marina - July 27, 1979
Charterers argued that the customary allowance of 0.5% was an “anachronistic relic of an earlier date”. They said it was based solely on the ship’s own figures, and thus any inaccuracy in calibration would cancel out. The..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
B.T.P. Tioxide Ltd. v. Pioneer Shipping Ltd. & Anr. (The Nema) - Mr. Justice Robert Goff - Q.B. (Com.Ct.) - Nov. 2, 9, 12, 1979
This was the first appeal under the 1979 Act. The disputes that had arisen in the arbitration were whether, under a consecutive voyage charter-party, there was frustration by a strike of the whole charter-party or of the individual voyages and..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Iraqi Ministry of Defence & Ors. v. Arecepy Shipping Co. S.A. (Gillespie Bros. & Co. Ltd. - Interveners) - Mr. Justice Robert Goff - Q.B. (Chambers judgment in Open Court) - Nov. 13, 1979
The action had arisen out of the sinking of the defendant’s vessel Angel Bell. The plaintiffs were the owners of the cargo abroad at the time and they claimed in respect of that loss. A Mareva
injunction had been granted at the instance of..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
The Saint Anna - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Oct. 19, 1979
Held
, that the fuel oil was the property of the charterers. At delivery of the vessel cl.14 provided that the charterers must “accept and pay for” all bunker oil on board. The obligation to accept the bunkers connoted a pre-existing..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Tehno-Impex v. Gebr. Van Weelde Scheepvaartkantoor B.V. - Mr. Justice Parker
- Q.B. - Nov. 5, 1979
Held
, that the claim would fail. The main and insuperable obstacle to success was the decision of London Chatham & Dover Railway Co.
v. South Eastern Railway Co.
(H.L.) [1893] A.C. 429 and there were no subsequent..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Bute Marina Ltd. v. the Ship Langdale Queen - Can-Dive Services Ltd. et al. (interveners) - Federal Court of Canada Trial Division - Aug. 14, 1979.
In this case the owner of a marina sued the defendant ship in rem for damage caused to the owner’s premises when the vessel sank, loss of income during the time the vessel remained in a sunken condition, contractual moorage and other sundry..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Vessel suitable for grab discharge - 1/79
Under a charter-party on the Gencon form it was warranted that the vessel was suitable for grab discharge. The vessel nominated was a three decker. During the discharge operation the grabs had torn up the cork and polystyrene insulation in the hold..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Disputes under a charter-party as to laytime - 2/79
- (1) A “special agreement” had been reached which permitted the charterers to call at an additional loading port. It stipulated “time to count” from the moment the inward pilot was taken on at the additional port and was to..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979