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Bouygues Offshore SA v Caspian Shipping Co and Others - QBD (Com Ct)(Timothy Walker J) - 23 May 1997
Bouygues Offshore SA (“Bos”) were the owners of a derrick lay barge which stranded on the rocks off Capetown on 26 June 1994 and became a total loss. Bos had hired a tug to tow the barge from the Congo to Capetown. Ultisol Transport..
Online Published Date:
02 August 1997
Appeared in issue:
463 - 02 August 1997
Afris Shipping International Corporation v MV “Leresti” -Squires J - 1997 (2) SA 681
The charterers chartered the vessel Leresti
from DMD Maritime Ltd (“DMD”) for a round voyage of 60/70 days’ duration within the area of the Indian Ocean and Red Sea. The charterparty contained a London arbitration clause. Disputes..
Online Published Date:
02 August 1997
Appeared in issue:
463 - 02 August 1997
London Arbitration 11/97
The vessel was chartered on a North American Grain Charterparty 1973 for the carriage of a cargo of bulk soyabean meal pellets from one named safe port to one safe port in a stated range. The charterparty provided:
“That the vessel ... shall..
Online Published Date:
02 August 1997
Appeared in issue:
463 - 02 August 1997
The owners of cargo lately laden on board the ship “River Gurara” v Nigerian National Shipping Line Ltd - Court of Appeal (Hirst, Phillips and Mummery LJJ) - 11 June 1997
The issue was whether the defendant shipowners were entitled to limit their liability to the plaintiff cargo owners under Article IV rule 5 of the Hague Rules. The shipowners asserted that although many of the bills of lading stated that a container..
Online Published Date:
02 August 1997
Appeared in issue:
463 - 02 August 1997
Lauritzen Reefers v Ocean Reef Transport Ltd SA (The “Bukhta Russkaya”) - QBD (Com Ct)(Thomas J) - 5 June 1997
The vessel Bukhta Russkaya
was chartered on the Baltime form dated 13 July 1995 for a time chartered trip to Far East ports. The vessel loaded a cargo of frozen sea food in Mauritania and carried it to Tokyo where discharge was completed on 4..
Online Published Date:
16 August 1997
Appeared in issue:
464 - 16 August 1997
PEP Shipping (Scandinavia) Aps v Noramco Shipping Corp (The “Christina C”) - US District Court (Clement DJ) - 23 June 1997
The plaintiff (“PEP”) and the defendant (“Noramco”) negotiated a charter of the vessel Christina C
whereby PEP, as agent to the owner of the vessel, would charter her to Noramco. Jan Gisholt Shipping Inc..
Online Published Date:
16 August 1997
Appeared in issue:
464 - 16 August 1997
London Arbitration 12/97
The charterers disputed the owners’ demurrage claim in respect of two periods. The first dispute concerned a short period which was said to be raintime. Each party relied on a statement of facts which showed different things. The..
Online Published Date:
16 August 1997
Appeared in issue:
464 - 16 August 1997
Blue Nile Shipping Co Ltd and Anr v Iguana Shipping and Finance Inc and Ors (The “Happy Fellow”) - Court of Appeal (Sir Stephen Brown P, Saville and Schiemann LJJ) - 25 July 1997
On 20 November 1995 there was a collision near the mouth of the Seine between the vessels Darfur
and Happy Fellow.
The collision occurred allegedly as a result of defective steering gear on board Darfur.
On 28 November 1995 the Darfur
was..
Online Published Date:
16 August 1997
Appeared in issue:
464 - 16 August 1997
Charm Maritime Incorporated v Elborne Mitchell - Court of Appeal (Evans, Waite and Swinton Thomas LJJ) - 22 July 1997
The plaintiffs brought a claim for damages for negligence against their former solicitors consequent upon an earlier action being dismissed for want of prosecution. There were three heads of damage in the present action. Under the first head the..
Online Published Date:
16 August 1997
Appeared in issue:
464 - 16 August 1997
Poseidon Schiffahrt Gmbh v Nomadic Navigation Co Ltd (The “Trade Nomad”) - QBD (Com Ct)(Colman J) - 1 August 1997
This was an appeal from an arbitration award. The first issue related to the construction of section 1(3) of the Arbitration Act 1979, which provided:
“An appeal under this section may be brought by any of the parties to the reference -
(a)..
Online Published Date:
30 August 1997
Appeared in issue:
465 - 30 August 1997
OLL Ltd v Secretary of State for the Home Department - QBD (May J) - 16 June 1997
OLL Ltd (“OLL”) brought a claim against the Secretary of State for the Home Department under the Civil Liability (Contribution) Act 1978 for an indemnity against or contribution towards claims settled between OLL and families and..
Online Published Date:
30 August 1997
Appeared in issue:
465 - 30 August 1997
London Arbitration 13/97
The first issue in this arbitration under the LMAA Small Claims Procedure involved a dispute over speed and consumption. The vessel was chartered on the NYPE form. The charter preamble was not completed as to the ship’s speed and consumption..
Online Published Date:
30 August 1997
Appeared in issue:
465 - 30 August 1997
London Arbitration 14/97
The vessel was chartered for a period of about 23 months on an amended NYPE form. The charterparty anticipated that the vessel would need to drydock during the period of the charter. In the event routine repairs involved a period of off-hire of more..
Online Published Date:
30 August 1997
Appeared in issue:
465 - 30 August 1997
London Arbitration 15/97
The vessel was chartered on the Sugar Charterparty 1969 form. The issue in the arbitration was whether at the Romanian discharging port Saturday mornings should be treated as holidays and therefore not counted against laytime. The relevant laytime..
Online Published Date:
30 August 1997
Appeared in issue:
465 - 30 August 1997