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Seaboard Offshore Ltd v Secretary of State for Transport (The “Safe Carrier”) - House of Lords (Lord Keith, Lord Bridge, Lord Jauncey, Lord Browne-Wilkinson and Lord Nolan) - 23 March 1994
Section 31(1) of the Merchant Shipping Act 1988 provides:
“It shall be the duty of the owner of a ship to which this section applies to take all reasonable steps to secure that the ship is operated in a safe manner”
Subsection (2)..
Online Published Date:
02 April 1994
Appeared in issue:
376 - 02 April 1994
Vao Exportkhleb v The Owners of the M/V “Varna” - QBD (Admlty Ct) (Clarke J) - 7 March 1994
This was an application by the defendant shipowners for a stay of the action on the ground that the action should be tried in Bulgaria. The grounds of the application for a stay were as follows:
(1) that some or all of the issues which were the..
Online Published Date:
02 April 1994
Appeared in issue:
376 - 02 April 1994
Marine Atlantic Inc v Blyth and Others - Federal Ct (Trial Div) (Nadon J) - 26 November 1993
The plaintiff had obtained a Mareva injunction against the corporate defendants preventing them from disposing of, incumbering, releasing or dispossessing themselves of any assets or from removing them from Canada. The defendants applied for that..
Online Published Date:
02 April 1994
Appeared in issue:
376 - 02 April 1994
Great Beluga Shipping Inc v Bayoil Inc (The “Energy Explorer”) - Before Alfred E Yudes Jr, Jack Berg and Lloyd C Nelson - 21 December 1993
The vessel Energy Explorer
was at Loop discharging an Iraqi crude cargo for the charterers (a United States corporation) when she was fixed for a further voyage by the charterers. No specific loadport was designated although the fixture telex..
Online Published Date:
02 April 1994
Appeared in issue:
376 - 02 April 1994
Kuwait Supply Company v Oyster Marine Management Inc (The “Safeer”) (Rix J) - 3 November 1993
The vessel Safeer
was chartered by the plaintiffs (“KSC”) to carry a cargo of bagged rice from Kandla to Kuwait under a charterparty dated 7 July 1990. On 31 July 1990 the vessel arrived at Kuwait and commenced discharge under the..
Online Published Date:
16 April 1994
Appeared in issue:
377 - 16 April 1994
The owners of cargo lately laden on board the vessel “K H Enterprise” v The owners of the vessel “Pioneer Container” - Privy Council (Lord Goff, Lord Lowry, Lord Slynn, Lord Lloyd and Sir Thomas Eichelbaum) - 21 March 1994
The owners of cargo lately laden on board the vessel K H Enterprise
brought proceedings against the sub-bailee shipowners in Hong Kong. At first instance, the judge had held that the shipowners were able to rely on an exclusive jurisdiction clause..
Online Published Date:
16 April 1994
Appeared in issue:
377 - 16 April 1994
Neste Chemicals SA v D K Line SA (The “Sargasso”) - Court of Appeal (Steyn and Peter Gibson LJJ and Sir Tasker Watkins) - 25 March 1994
In May 1991 a cargo of 2,000 tonnes of propylene was carried on board the vessel Sargasso
from Portugal to Antwerp. On arrival at Antwerp some of the cargo was found to be contaminated. On 1 June 1991 the Sargasso
was arrested at Rotterdam solely..
Online Published Date:
16 April 1994
Appeared in issue:
377 - 16 April 1994
Canadian National Railway Company v Norsk Pacific Steamship Co Ltd and Others (The “Jervis Crown (No 2)”) - Federal Ct (Trial Div) (Reed J) - 10 December 1993
The New Westminster Railway Bridge was damaged when the vessel Jervis Crown
, towing the barge Crown Forest No 4
after dark on an ebb tide in heavy fog attempted to transit the bridge at nearly full speed, causing the Crown Forest No 4
to collide..
Online Published Date:
30 April 1994
Appeared in issue:
378 - 30 April 1994
General Motors Corporation and others v Cast (1983) Ltd and others (The “Cast Muskox”) Federal Court (Trial Div) (Noel J) - 28 February 1994
The plaintiff cargo interests sought to recover damages for a cargo of car converters which were delivered in a damaged state. The cargo had been carried in containers. The defendants alleged that the cargo had been cared for and discharged in..
Online Published Date:
30 April 1994
Appeared in issue:
378 - 30 April 1994
Oil Shipping (Bunkering) BV, Baytur Trading SA, The Royal Bank of Scotland PLC and others v Sonmez Denizcilik VE Ticaret AS (The “Ziya S”) - US Court of Appeals (3rd Circuit) (Hutchinson, Cowen and Nygaard Ct JJ) - 8 December 1993
A maritime action was brought by Oil Shipping (Bunkering) BV to obtain payment for certain supplies it had provided to the vessel Ziya S
. Baytur Trading SA intervened to enforce a maritime lien for fuel oil it had delivered to the vessel in Turkey...
Online Published Date:
30 April 1994
Appeared in issue:
378 - 30 April 1994
John F Moyer v The Wrecked and Abandoned Vessel known as The Andrea Doria - US District Court (D New Jersey) (Rodriguez DJ) - 18 November 1993
In this case, the district court granted a preliminary injunction in favour of a salvage diver preventing other salvors from interfering with the plaintiff’s efforts to recover the certain valuable artifacts, including the ship’s bell,..
Online Published Date:
30 April 1994
Appeared in issue:
378 - 30 April 1994
Gate v Sun Alliance Insurance Ltd - High Court of New Zealand (Fisher J) - 19 January 1994
The plaintiff made a claim against his insurers following the loss of his boat. The judge held:
(i) that under the Marine Insurance Act 1908 and at common law, there was no obligation (in the duty to disclose to the insurer every material..
Online Published Date:
30 April 1994
Appeared in issue:
378 - 30 April 1994