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Classic Maritime Inc v Limbungan Makmur Sdn Bhd and Another – Court of Appeal (Haddon-Cave, Males and Rose LJJ) [2019] EWCA Civ 1102 – 27 June 2019
Charterparty – Contract of affreightment – Long-term contract for carriage of iron ore pellets from Brazil to Malaysia – Bursting of dam stopping production of iron ore – Owner claiming damages from charterer for failure to make shipments following dam burst – Whether charterer entitled to rely on force majeure clause – Whether owner entitled to substantial damages
Online Published Date:
19 July 2019
Appeared in issue:
1034 - 19 July 2019
Silverburn Shipping Co (IoM) Ltd v Ark Shipping Co LLC (The “Arctic”) – Court of Appeal (Gross, McCombe and Leggatt LJJ) [2019] EWCA Civ 1161 – 10 July 2019
Charterparty – Bareboat charter – Charterers contracting to maintain vessel and keep her “with unexpired classification of the class indicated in Box 10” – Whether classification obligation a condition or innominate term of charter – Whether owners entitled to withdraw vessel following expiry of class certificate
Online Published Date:
19 July 2019
Appeared in issue:
1034 - 19 July 2019
Feyha Maritime Ltd v Miloubar Central Feedmill Ltd and Another – Civil Leave to Appeal 7195/18, Supreme Court of Israel (Hendel J) – 12 May 2019
Carriage of goods by sea – Limitation of action – Damage to cargo – Cargo owner seeking to bring cargo claim against carrier after one-year limitation period – Whether timeous claims made by non-party and by cargo insurers against carrier had effect of stopping accrual of limitation period – Whether cargo owners’ claim should be dismissed in limine – Hague-Visby Rules, article III rule 6
Online Published Date:
19 July 2019
Appeared in issue:
1034 - 19 July 2019