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Blue Anchor Line v. Alfred C. Toepfer International (The Union Amsterdam) - Q.B.D. (Com.Ct.) (Parker J.) - 7 April 1982
Laytime expired while the vessel was awaiting berth at the discharging port. Demurrage had begun to accrue under the charterparty when a berth became available and pilots boarded in order to take her into the berth. About 90 minutes later she..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Uni-ocean Lines v. C-Trade (The Lucille) - Q.B.D. (Com.Ct.) (Parker J.) - 2 March 1982
The Lucille
was one of the vessels trapped in the Shatt-al-Arab as a result of the Iran/Iraq war. Arbitrators made declarations by way of an interim award on five issues, namely: (1) safe port (2) employment and indemnity (3) cancellation (4)..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Oxford Shipping Co. v. Nippon Yusen Kaisha (The Eastern Saga) - Q.B.D. (Com.Ct.) (Mustill J.) - 5 March 1982
In this application for leave to appeal from the arbitrator under the Arbitration Act 1979, Mustill J. considered what the Court’s approach should be when faced with an application for leave in a rather novel situation. He held that the Court..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Buenamar Compania Navera v. Amoco Transport (The Garbis (No. 2)) - 18 August 1980. Before John P. Palmer, Lloyd C. Nelson and Kendrick van Biema (in dissent)
The charterparty was on the Exxonvoy 1969 Form. Part I provided:
A. Description and position of vessel:
Deadweight 74,107 tons (2240 lbs)
Loaded draft of vessel on assigned summer freeboard 45 feet 10 inches in..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Crew’s strike unlawful by law of employment contract - ITF commit tort in supporting crew’s action
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. In a judgment dated 12 June 1981, the President..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Yorkshire Electricity Board v. Estonian Shipping Co. (The Virtsu) - Court of Appeal (Stephenson, Kerr I. JJ. and Sir David Cairns) - 30 April 1982
This was an appeal from Sheen J.’s decision relating to the construction of an offer of settlement of a claim. For the facts of the case, see LMLN 57 - 7 January 1982.
Held
, allowing the appeal, that in the context of the exchanges of..
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982
Cargill Inc. v. Rionda de Pass Ltd. (The Giannis Xilas) - Q.B.D. (Com.Ct.) (Bingham J.) - 6 April 1982
The plaintiff sellers contracted to sell to the defendants a quantity of sugar in jute bags fob stowed Antwerp. The relevant clause read:
150 metric tons per workable hatch and pro rata with maximum 750 metric tons per weather working day . . ...
Online Published Date:
27 May 1982
Appeared in issue:
67 - 27 May 1982