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Heinrich Hanno Co. B.V. v. Fairlight Shipping Co. Ltd.; Hanse Schiffahrtskontor G.m.b.H. v. Andre S.A. (The Kostas K) - Q.B.D. (Hobhouse J.) - 23 November 1984
In the course of the arbitrations, the shipowners had argued in the alternative that by reason of estoppel, the charterers were precluded from denying that they had been in breach of the charterparty obligations and that they should nevertheless be..
Online Published Date:
03 January 1985
Appeared in issue:
135 - 03 January 1985
Black King Shipping Corpn. & Anr. v. Massie (The Litsion Pride) - Q.B.D. (Com.Ct.) (Hirst J.) - 5 December 1984
The vessel Litsion Pride
was insured by the defendant underwriters. The main body of the war risks policy was in the printed SG form which incorporated a large number of endorsements and addenda. The critical document in the present case was the..
Online Published Date:
03 January 1985
Appeared in issue:
135 - 03 January 1985
Mutual Shipping Corpn. of New York v. Bayshore Shipping Co. of Monrovia (The Montan) - Court of Appeal (Sir John Donaldson M.R., Robert Goff L.J. and Sir Roger Ormrod) - 21 December 1984
Disputes were referred to arbitration which involved the correct balance of account between charterers and owners following the completion of a time-charter. There were a number of individual disputes on specific items, one of which involved the..
Online Published Date:
03 January 1985
Appeared in issue:
135 - 03 January 1985
Excomm Ltd. v. Ahmed Abdul-Qawi Bamaodah (The St Raphael) - Court of Appeal (Sir John Donaldson M.R., Slade & Lloyd L.JJ. - 21 December 1984
Section 26 of the Arbitration Act 1950 provides for a summary method of enforcing arbitration awards. The High Court may give leave to enforce the award in the same manner as a judgment to the same effect. However, the award must be made on an..
Online Published Date:
03 January 1985
Appeared in issue:
135 - 03 January 1985
Heinrich Hanno Co. B.V. v. Fairlight Shipping Co. Ltd; Hanse Schiffahrtskontor G.m.b.H. v. Andre S.A. (The Kostas K) - Q.B.D. (Hobhouse J.) - 23 November 1984 (see below)
The vessel Kostas K
was chartered by Heinrich Hanno & Co. B.V. on the Sugar Form to carry sugar from French ports to Nigeria. Hanno, as disponent owners, then sub-chartered the vessel to Andre S.A. as sub-charterer. In all material respects,..
Online Published Date:
03 January 1985
Appeared in issue:
135 - 03 January 1985
The Forum Craftsman - Court of Appeal (Ackner & Browne-Wilkinson L.JJ. and Sir John Megaw) - 20 December 1984
The vessel Forum Craftsman
was arrested in England pursuant to a claim by plaintiff cargo owners. The plaintiffs alleged that their cargo had been damaged by the vessel’s crew as a hatch cover was being closed after completion of loading at a..
Online Published Date:
17 January 1985
Appeared in issue:
136 - 17 January 1985
The Maira - Court of Appeal (Lawton, Kerr & Browne-Wilkinson L.JJ.) - 5 December 1984
The vessel Maira
was built in Japan. In 1977 the owners paid the builders 30% of the purchase price and it was agreed that the remaining 70% should be financed on mortgage. In the event, two mortgages were entered into. The second mortgage was..
Online Published Date:
17 January 1985
Appeared in issue:
136 - 17 January 1985
Oetker v. Internationale Frachtagentur A.G. (The Almak) - Q.B.D. (Com.Ct.) (Mustill J.) - 12 December 1984
Time-charterers and disponent owners of the tank vessel Almak
sub-chartered her to IFA. Clause 26 provided that bills of lading were to be signed as the sub-charterers directed, without prejudice to the sub-charter. The sub-charterers gave the..
Online Published Date:
17 January 1985
Appeared in issue:
136 - 17 January 1985
Cardinal Shipping Corpn. v. M/S Seisho Maru - U.S. Ct. of Appeal (5th Circuit) (Goldberg, Rubin and Reavley C.JJ.) - 22 October 1984
The vessel Seisho Maru
was owned by a Japanese company and time-chartered to another Japanese company. The time-charterers (disponent owners) had the right to sub-let the vessel. They sub-time chartered the vessel to Clover Trading Corporation, a..
Online Published Date:
17 January 1985
Appeared in issue:
136 - 17 January 1985
Overseas Development Bank v. Naftali Chaim Nothmann & Ors. - New York Appellate Division (Second Department) (Titone J.P., Mangano, O’Connor and Brown JJ.) - 22 October 1984
On 25 April 1975 and 17 June 1975 judgments were given in the Queen’s Bench Division of the English High Court of Justice in favour of the plaintiff in the sum of £125,000 and £95,516.50 respectively. Nothing was done to enforce..
Online Published Date:
17 January 1985
Appeared in issue:
136 - 17 January 1985
South India Shipping Corporation Ltd. v. The Export-Import Bank of Korea - Court of Appeal (Ackner and Browne-Wilkinson L.JJ. and Sir George Waller) - 18 January 1985
The issue was whether the writ in the action had been duly served on the defendants. The defendants were a bank incorporated in Korea and concerned in import-export banking and financing. Although the defendant company conducted its main business..
Online Published Date:
31 January 1985
Appeared in issue:
137 - 31 January 1985
The Prince George - Fed.Ct. (Trial Div.) (Muldoon J.) - 7 December 1984
The vessel Prince George
had been sold for $1,000,000 which sum was paid into court. The claimants were 13 crew members. Substantial wage claims had already been paid out of the sum in court in respect of wages. The claimants sought to be paid..
Online Published Date:
31 January 1985
Appeared in issue:
137 - 31 January 1985
Shooter t/a Shooter’s Fisheries v. Incorporated General Insurances Ltd. (The Morning Star) - 1984 (4) S.A. 269 (Friedman J.)
The defendant insurance company had insured the plaintiff’s fishing trawler Morning Star
under two marine insurance policies in identical terms. The risks followed the standard Lloyd’s form, including the phrase “arrests,..
Online Published Date:
31 January 1985
Appeared in issue:
137 - 31 January 1985
1/85
Hire was payable at a stated rate per calendar month, commending on and from the day of the vessel’s delivery into service under the charter, and “at and after the same rate for any part of a month”. The ship was delivered on 23..
Online Published Date:
31 January 1985
Appeared in issue:
137 - 31 January 1985
2/85
The vessel was chartered for a time-chartered trip from the Far East to a Sardinian port. She was described as capable of “15/15.5 knots on 52(1500) + 2.5 diesel oil or without guarantee about 13.5/14 knots on 37 tons IFO + 2 tons diesel oil,..
Online Published Date:
31 January 1985
Appeared in issue:
137 - 31 January 1985
3/85
The claimant shipowners brought arbitration proceedings against the P. & I. Club in which they were entered, contending that the Club had maintained excessively large estimates in respect of cargo damage claims, and that as a result the owners..
Online Published Date:
31 January 1985
Appeared in issue:
137 - 31 January 1985