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Versloot Dredging BV and Another v HDI Gerling Industrie Versicherung AG and Others (The “DC Merwestone”) – Supreme Court (Lord Mance, Lord Clarke, Lord Sumption, Lord Hughes and Lord Toulson JJSC) [2016] UKSC 45 – 20 July 2016
Marine
insurance – Time policy – Vessel suffering ingress of seawater in bowthruster
room causing damage to engine – Whether insured forfeited claim by employment
of fraudulent devices
Online Published Date:
15 August 2016
Appeared in issue:
957 - 05 August 2016
Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte mbH & Co KG and Another (The “Longchamp”) – Court of Appeal (Kitchin and Hamblen LJJ and Sir Timothy Lloyd) [2016] EWCA Civ 708 – 13 July 2016
General
average – Vessel seized by pirates in Gulf of Aden – Negotiations for payment
of ransom – Whether expenses incurred by shipowner during period of
negotiations allowable in general average – Whether cost of bunker consumption
an “expense”
Online Published Date:
15 August 2016
Appeared in issue:
957 - 05 August 2016
MSC Mediterranean Shipping Co SA v Cottonex Anstalt - Court of Appeal (Moore-Bick and Tomlinson LJJ and Keehan J) [2016] EWCA Civ 789 - 27 July 2016
Carriageof goods by sea - Container demurrage - Consignee not collecting containerisedgoods from discharge port - Containers remaining at discharge port more thanthree years after discharge - Carrier claiming container demurrage from shipper - Whether carrier required to nominate place for redelivery - Whether carrierunder duty to mitigate - Whether contract frustrated - Whether carrier entitledto continuing demurrage
Online Published Date:
15 August 2016
Appeared in issue:
957 - 05 August 2016
HC Trading Malta Ltd v Tradeland Commodities SL – QBD (Comm Ct) (HHJ Waksman QC, sitting as a Judge of the High Court) [2016] EWHC 1279 (Comm) – 2 June 2016
Practice
– Declaratory relief – Claimant asserting existence of contract containing
London arbitration clause – Claimant issuing claim in High Court seeking
declaration that binding arbitration agreement existed – Whether claim should
be struck out
Online Published Date:
15 August 2016
Appeared in issue:
957 - 05 August 2016