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NuStar Energy Services Inc v M/V “Cosco Auckland” and Others – US Court of Appeals (5th Circuit) (Wiener, Southwick and Costa Ct JJ) – 14 January 2019
Admiralty jurisdiction – Maritime lien – Collapse of OW Bunker Group – Whether physical supplier of bunkers entitled to maritime lien – Whether assignment of liens by maritime lienholder to secured creditor valid – Whether physical supplier of bunkers had standing to appeal assignment ruling
Online Published Date:
09 April 2019
Appeared in issue:
1027 - 09 April 2019
Alize 1954 and Another v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – QBD (Comm Ct) (Teare J) [2019] EWHC 481(Admlty) – 8 March 2019
General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel’s passage plan defective – Whether defective passage plan made vessel unseaworthy
Online Published Date:
09 April 2019
Appeared in issue:
1027 - 09 April 2019
Glencore Energy UK Ltd and Another v Freeport Holdings Ltd (The “Lady M”) – Court of Appeal (Sir Geoffrey Vos C, Simon and Coulson LJJ) [2019] EWCA Civ 388 – 14 March 2019
Carriage of goods by sea – Barratry – Chief engineer deliberately setting fire to vessel – Relevance of chief engineer’s state of mind – Whether shipowners entitled to rely on Hague Rules exemptions of “fire”
Online Published Date:
09 April 2019
Appeared in issue:
1027 - 09 April 2019
Sucden Middle-East v Yagci Denizcilik ve Ticaret Ltd Sirketi (The “Muammer Yagci”) – QBD (Comm Ct) (Robin Knowles J) [2018] EWHC 3873 (Comm) – 2 November 2018
Charterparty – Laytime – Seizure of cargo by local customs authorities causing delay to discharge – Whether time lost caused by “government interferences”
Online Published Date:
09 April 2019
Appeared in issue:
1027 - 09 April 2019
Sonact Group Ltd v Premuda SpA (The Four Island) QBD (Comm Ct) (Males J) [2018] EWHC 3820 (Comm) 12 December 2018
Arbitration Jurisdiction Voyage charterparty containing London arbitration clause Demurrage dispute settled by email exchange Charterers failing to pay sum agreed Owners bringing arbitration proceedings claiming sum agreed under settlement agreement No provision for arbitration in settlement agreement Whether arbitrators had jurisdiction over claim to recover agreed settlement sum
Online Published Date:
26 April 2019
Appeared in issue:
1028 - 26 April 2019
London Arbitration 10/19
Sale of goods – Laytime – Contract for sale of coal on delivered ex ship terms – Notice of readiness tendered to port agents – Sellers failing to comply with condition precedent for service of NOR – Whether buyers estopped from insisting on compliance with condition precedent – Time of commencement of laytimeAgency – Whether fact that port agents were “notify party” under bill of lading constituted them agents of buyers
Online Published Date:
26 April 2019
Appeared in issue:
1028 - 26 April 2019
Eleni Shipping Ltd v Transgrain Shipping BV (The “Eleni P”) – QBD (Comm Ct) (Popplewell J) [2019] EWHC 910 (Comm) – 10 April 2019
Charterparty – Vessel captured by pirates in Arabian Sea – Whether charter hire suspended during period of captivity
Online Published Date:
26 April 2019
Appeared in issue:
1028 - 26 April 2019