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Bank of Scotland plc v The Owners of the MV “Union Gold” – QBD (Admlty Ct) (Teare J) [2013] EWHC 1696 (Admlty) – 19 June 2013
Admiralty practice – Application by mortgagee for sale of vessels pendente lite – Mortgagee obtaining its own valuations and asking that vessels be sold at a certain price to a certain buyer – Whether court should depart from usual order that the Admiralty Marshal sell a vessel by appraisement, advertisement and inviting bids
Online Published Date:
29 July 2013
Appeared in issue:
878 - 26 July 2013
Versloot Dredging BV v HDI-Gerling Industrie Versicherung AG (The “DC Merwestone”) – QBD (Comm Ct) (Popplewell J) [2013] EWHC 1666 Comm – 14 June 2013
Marine insurance – Time policy – Vessel suffering ingress of seawater in bowthruster room causing damage to engine – Negligence of crew – Whether loss proximately caused by peril of the seas – Whether loss caused by unseaworthiness of vessel – Whether insured forfeited claim by employment of fraudulent devices
Online Published Date:
29 July 2013
Appeared in issue:
878 - 26 July 2013
Yuzhny Zavod Metall Profil LLC v Eems Beheerder BV (The “Eems Solar”) – QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar) – 5 June 2013
Carriage of goods by sea – Cargo claim against contractual carrier – Whether charterparty terms incorporated into contract of carriage – Whether carrier in breach of duty – Whether damage caused by carrier’s want of due diligence to make vessel seaworthy – Whether transfer of liability clause rendered void by Article III Rule 8 of Hague Rules – Whether carrier responsible for proper stowage
Online Published Date:
29 July 2013
Appeared in issue:
878 - 26 July 2013
Centel Shipping Co Ltd v The Owners and/or Demise Charterers of the vessel “King Coal” – Court of First Instance (Au J) – 13 December 2012
Admiralty jurisdiction – Assignee of wages due to master and crew members bringing action in rem and arresting vessel – Whether court had in rem jurisdiction
Online Published Date:
29 July 2013
Appeared in issue:
878 - 26 July 2013