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J I MacWilliam Co Inc v Mediterranean Shipping Co SA (The "Rafaela") - House of Lords (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Rodger of Earlsferry and Lord Brown of Eaton-Under-Heywood) - 16 February 2005
The issue before the House of Lords was whether a "straight consigned" bill of lading (ie a bill of lading not made out "to order") was a "bill of lading or any similar document of title" within the meaning of section 1(4) of the Carriage of Goods..
Online Published Date:
13 April 2005
Appeared in issue:
663 - 13 April 2005
Mora Shipping Inc v Axa Corporate Solutions Assurance SA and Ors - QBD (Com Ct) (Langley J) - 16 March 2005
The claimant, a company incorporated in Liberia and domiciled in Liberia and/or Norway, was the disponent owner of the vessel Vitoria which sustained serious bottom damage proceeding down the River Plate. The claimant alleged that the grounding and..
Online Published Date:
13 April 2005
Appeared in issue:
663 - 13 April 2005
Fortuna Seafoods Pty Ltd (As Trustee for the Rowley Family Trust) v The Ship "Eternal Wind" - Supreme Court of Queensland (Douglas J) - 14 January 2005 [2005] QSC 004
On 5 April 1998 the fishing vessel Melina T was lost as the result of a collision with the vessel Eternal Wind. The Melina T was owned by Fortuna Fishing Pty Ltd ("Fortuna Fishing"). Fortuna Fishing's action against the owners of the Eternal Wind..
Online Published Date:
13 April 2005
Appeared in issue:
663 - 13 April 2005
London Arbitration 8/05
The vessel was chartered on the Africanphos (1950) form as amended for the carriage of a cargo of bulk phosphate from Sfax, Tunisia, to - in the event - three discharging ports in Brazil: Itaqui, Paranagua and Rio Grande. Clause 1 of the charter..
Online Published Date:
13 April 2005
Appeared in issue:
663 - 13 April 2005
Davis v Stena Line Ltd - QBD (Forbes J) - 17 March 2005
The claimant brought proceedings against the defendants ("Stena") under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 in respect of the death of her husband, Mr Davis, who drowned after falling overboard from..
Online Published Date:
27 April 2005
Appeared in issue:
664 - 27 April 2005
Spencer v P & O Ferries (Bermuda) Ltd - EAT (Judge Richardson, Mr P Gammon MBE and Ms B Switzer) - 28 February 2005
Captain Spencer alleged that his employer, P&O Ferries Ltd, made unlawful deductions from his wages. The Employment Tribunal upheld his complaint. P&O appealed to the Employment Appeal Tribunal.
The contract of employment incorporated the..
Online Published Date:
27 April 2005
Appeared in issue:
664 - 27 April 2005
London Arbitration 9/05
On 4 February the vessel was chartered by disponent owners ("the owners") on an amended Gencon 1976 form for the carriage of a part cargo of minimum 1,600 mts ferro silicon in bulk, with 2% more or less in the option of the charterers, from one..
Online Published Date:
27 April 2005
Appeared in issue:
664 - 27 April 2005
London Arbitration 10/05
The vessel was chartered by her disponent owners on an amended NYPE form for one time charter trip from Port Arthur (Texas, USA) with bulk calcined petroleum coke to Italy. In the event, the vessel delivered at Port Arthur on 29 November and..
Online Published Date:
27 April 2005
Appeared in issue:
664 - 27 April 2005