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Glencore Grain Ltd v Flacker Shipping Ltd (The "Happy Day") - Court of Appeal (Potter and Arden LJJ and Sir Denis Henry) - 15 July 2002
This appeal raised the question which Mustill LJ in The Mexico I [1990] 1 Lloyd's Rep 507, 510 had left open for "detailed exploration" should it arise in future, namely what were the rights of owners to demurrage and charterers to despatch when,..
Online Published Date:
08 August 2002
Appeared in issue:
593 - 08 August 2002
Handelsbanken, Norwegian Branch of Svenska Handelsbanken AB v Dandridge and Ors (The "Aliza Glacial") - Court of Appeal (Lord Phillips of Worth Matravers MR, Potter and Arden LJJ) - 30 April 2002
The claimants were a Norwegian Bank who were mortgagees of the fishing vessel Aliza Glacial. The claimants had the benefit of a Mortgagees' Interest Insurance ("MII") Marine Policy, and made a claim under the policy following the seizure and..
Online Published Date:
08 August 2002
Appeared in issue:
593 - 08 August 2002
J I MacWilliam Co Inc v Mediterranean Shipping Co SA (The "Rafaela S") - QBD (Com Ct) (Langley J) - 17 April 2002
Arbitrators determined a preliminary issue as to whether the carrier was entitled to limit liability for cargo damage under the US Carriage of Goods by Sea Act 1936 ("USCOGSA") or in accordance with the more generous regime of the Hague or..
Online Published Date:
08 August 2002
Appeared in issue:
593 - 08 August 2002
Daewoo Heavy Industries Ltd and Anr v Kilpriver Shipping Ltd and Anr (The "Kapitan Petko Voivoda") - QBD (Com Ct) (Langley J) - 11 July 2002
The claimant cargo interests brought proceedings against the charterers and the owners of the vessel Kapitan Petko Voivoda in respect of (a) the loss of 8 excavators which had been stowed on deck and which were lost overboard in heavy weather, and..
Online Published Date:
08 August 2002
Appeared in issue:
593 - 08 August 2002
Anton Durbeck GmbH v Den Norske Bank ASA (The "Tropical Reefer") - QBD (Com Ct) (Nigel Teare QC sitting as a Deputy Judge of the QBD) - 13 June 2002
The defendant, a Norwegian Bank, was the mortgagee of the vessel Tropical Reefer and arrested the vessel in Panama in July 1991. The claimant cargo interests, relying on The Myrto [1977] 1 Lloyd's Rep 243, alleged that the Bank had wrongfully..
Online Published Date:
08 August 2002
Appeared in issue:
593 - 08 August 2002
London Arbitration 12/02
The vessel was chartered on the NYPE form which provided:
"1. Duration
The Owners agree to let and the Charterers agree to hire the Vessel from the time of delivery for a period of 11 to 14 months chopt 11 to 14 months chopt a further 11 to 14..
Online Published Date:
22 August 2002
Appeared in issue:
594 - 22 August 2002
London Arbitration 13/02
The vessel was chartered on an amended Sugar Charter Party 1969 form for the carriage of a cargo of sugar in bags from Brazil to Lagos, Nigeria and/or Tema, Ghana. In the event, the vessel discharged at Lagos. A number of disputes were subsequently..
Online Published Date:
22 August 2002
Appeared in issue:
594 - 22 August 2002
London Arbitration 14/02
The vessel was chartered on an amended NYPE form for one time charter trip from the west coast of Canada/United States to Singapore/Japan. The vessel was delivered to the charterers at a Canadian pilot station at 1900 hours on 22 November in..
Online Published Date:
22 August 2002
Appeared in issue:
594 - 22 August 2002