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The Abidin Daver - House of Lords (Lord Diplock, Lord Edmund-Davies, Lord Keith, Lord Brandon and Lord Templeman) - 26 January 1984
The House of Lords has reviewed the principles on which judges should exercise their discretion to grant a stay of proceedings, where there is already in existence a pending suit in a foreign jurisdiction (lis alibi pendens
). The facts of the case..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
D/S A/S Idaho v. Colossus Maritime S.A. (The Concordia Fjord) - Q.B.D. (Com.Ct.) (Bingham J.) - 15 December 1983
It will be recalled that in The Evia (No. 2)
[1982] 2 Lloyd’s Rep. 307 the House of Lords held, inter alia
, that clause 21 of the Baltime form operated as a complete code so that even though (apart from clause 21) the charterers might be in..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
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The vessel was time chartered on the Baltime form. In the course of the charter the vessel discharged a cargo of steel at an American port. The charterers had engaged an American stevedoring firm to “rig, uncover and discharge cargo”...
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
Dutch Supreme Court holds ITF strike unlawful
In May 1981 some 25 Philippino crew members of the vessel Saudi Independence
, lying at Rotterdam, went on strike for higher (ITF scale) wages. The crew members’ action was supported by the ITF. At first instance the Rotterdam Court, applying..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
Cosmar Compania Naviera v. Total Transport Corpn. (The Isabelle)
The Court of Appeal (Sir John Donaldson M.R., Griffiths & Stephen Brown L.JJ - 1 December 1983) has dismissed the owners’ appeal from the decision of Robert Goff J. in The Isabelle
- see LMLN64 - 15 April 1982. The Court of Appeal adopted..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
The Panagiotis Xilas, Nordmark and Kapitan Alekseyev - Q.B.D. (Adm.Ct.) (Sheen J. assisted by Trinity Masters) - 10 November 1983
On the night of 29 and 30 November 1979 gale force winds played havoc with shipping lying in the harbour of Tartous, on the Syrian coast. Three ships in particular suffered damage that night. Three separate collision actions were brought.
The..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984