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Nippon Yusen Kaisha v. Pacifica Navegacion S.A. (The Ion) - Mr. Justice Mocatta - Q.B. (Com.Ct.) - Feb. 12, 1980
The defendants chartered their vessel Ion
to the plaintiffs on a New York Produce Exchange Form dated Mar. 14, 1977. Clause 51 of the charter-party expressly provided that the New York Inter Club Agreement for cargo claims would apply. The..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Richmond Shipping v. D/S A/S Vestland (Richard Ainslie & Co. A/S) of Hargesund - Mr. Justice Mocatta - Q.B. (Com.Ct) - Feb. 7, 1980
Under a Linertime charter the Vestland
was hired for a period of about three years, and then sub-chartered to carry titanium slag from Sorel to West Hartlepool. The slag was discharged at Antwerp and Vestland
sailed to Montreal where she was..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
“About 14¾-15 knots” - 5/80
A vessel was chartered to the claimants on a New York Produce Exchange form. The relevant clauses read:
(a) Preamble. Capable of steaming fully laden under good weather conditions about 14�-15 knots on a..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Liability for delay in lightening vessel - 6/80
Under a time charter on the New York Produce Exchange form redelivery was stipulated “on dropping outward pilot Chalna or Chittagong”. The charter-party, at line 77, further provided that the Captain was “under the orders and..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Northeast Petroleum Corp. v. Kyriakou Shipping Co. - Senior Circuit Judge Aldrich - U.S. District Court - June 25, 1979
This case presented the problem of the proof needed to sustain the defence of the peril of the seas (Hague Rules art.IV(2)(c); 46 U.S.C. 1304(2)).
It has long been apparent that Courts in the United States have taken a stricter view of the proof..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Clary v. Ocean Drilling and Exploration - U.S. Court of Appeals (5th Circ.) - Jan. 15, 1980
A seaman was injured when he tripped over an eight inch steel plate welded to the deck of his ship. He alleged that it should have been painted yellow to make it more visible, in accordance with the regulations of the Occupational Safety and Health..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Dravo Corporation v. Occupational Safety and Health Agency - U.S. Court of Appeals (3rd. Circ.) - Jan. 14, 1980
A shipbuilder?s structural shop was said by OHSA not to comply with its standards. Regulations issued by the Secretary of Labour limited OHSA regulations to maritime work on navigable waters, including dry docks, graving docks and marine railways...
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
J.M. Martinac Shipbuilding Corporation v. Marshall - U.S. Court of Appeals (9th. Circ.) - Jan. 13, 1980
A corporation was accused of repeated violations of OHSA safety regulations requiring the guarding of hatches on vessels. The corporation’s defence was that it was not guilty of repeated violations because the charges related to different..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980