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The Nema - House of Lords - 16 July 1981 LMLN 45
The appellants were charterers of the Nema
, which was owned by the respondents. The parties used a standard form C (Ore) 7 as the basis of their agreement, but since this form was designed for use for a single voyage and the parties intended the..
Online Published Date:
06 August 1981
Appeared in issue:
46 - 06 August 1981
Hitachi Shipbuilding & Engineering Co. Ltd. v. Viafiel Compania Naviera S.A. - Court of Appeal (Donaldson and Ackner L.JJ.) - 8 July 1981.
Hitachi had agreed in 1976 to build three vessels for Viafiel. The purchase prices were payable by instalments. In 1977 some of the instalments were not paid and in October Hitachi treated all three contracts as having been repudiated. The dispute..
Online Published Date:
06 August 1981
Appeared in issue:
46 - 06 August 1981
Inter-relationship of security for costs and Mareva injunctions
Hitachi had previously obtained a Mareva injunction against Viafiel, and this was another reason for dismissing the appeal. Hitachi had submitted that the existence of the Mareva injunction was irrelevant to an application for security for costs..
Online Published Date:
06 August 1981
Appeared in issue:
46 - 06 August 1981
The I Congreso Del Partido - House of Lords (Lord Wilberforce, Lord Diplock, Lord Edmund-Davies, Lord Keith of Kinkel and Lord Bridge) - 30 July 1981
The issues in this case concerned the scope of the “restrictive” doctrine of state immunity. Briefly, this doctrine is that when a sovereign or state is impleaded as a defendant it cannot claim state immunity as regards commercial or..
Online Published Date:
06 August 1981
Appeared in issue:
46 - 06 August 1981
The Stella Nova - Q.B.D. (Adm. Ct.) (Sheen J.) - 17 July 1981
The first plaintiffs were a Norwegian partnership which, in March 1978, sold their vessel the Stella Nova to the defendants. It was a condition of the sale agreement that the defendants would employ the second plaintiffs as manager and that the..
Online Published Date:
20 August 1981
Appeared in issue:
47 - 20 August 1981
Kodros Shipping Corporation v. Empresa Cubana De Fletes (The Evia) - Q.B.D. (Com. Ct.) (Robert Goff J.) - 31 July 1981
Kodros were the owners of the vessel Evia
. By a time charterparty on the Baltime form dated 12 November 1979 Empresa Cubana chartered the vessel for a period of 18 months, two months more or less at charterers’ option. The date of expiry of..
Online Published Date:
20 August 1981
Appeared in issue:
47 - 20 August 1981
Schiffart & Kohlen GmbH v. Chelsea Maritime Ltd. (The Irene’s Success) - Q.B.D. (Com. Ct.) (Lloyd J.) - 31 July 1981
This was a preliminary question of law to establish whether the plaintiffs’ points of claim disclosed a cause of action. The plaintiffs were c.i.f. buyers of a cargo of coking coal carried onboard the defendants’ vessel Irene’s..
Online Published Date:
20 August 1981
Appeared in issue:
47 - 20 August 1981
The Silia - Q.B.D. (Adm. Ct.) (Sheen J.) - 31 July 1981
Pumice Aggregates Ltd. (P. Ltd.) were time charterers of the Silia
which was owned by B. Co. P. Ltd. were also judgment creditors of B. Co. as a result of proceedings arising out of a dispute relating to the charterparty.
On 7 November 1980, in a..
Online Published Date:
20 August 1981
Appeared in issue:
47 - 20 August 1981
9/81
The present dispute arose out of a time charter dated 2 December 1980 on the NYPE form. In February 1981 the charterers made a deduction from hire in respect of events which occurred during an earlier charterparty made between the same parties on 29..
Online Published Date:
20 August 1981
Appeared in issue:
47 - 20 August 1981