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E-Star Shipping and Trading Co Ltd v Delta Corp Shipping Ltd [2022] EWHC 3165 (Comm) - King's Bench Division, Commercial Court (Jacobs J), 7 November 2022
Arbitration - Anti-enforcement injunction - Interim order preserving assets - Senior Courts Act 1981, section 37 - Arbitration Act 1996, section 44
Online Published Date:
06 January 2023
Appeared in issue:
1124 - 06 January 2023
Owners of the vessel Jeil Crystal v Owners of the cargo lately laden onboard Jeil Crystal - [2022] SGCA 66, Singapore Court of Appeal (Judith Prakash JCA, Tay Yong Kwang JCA and Steven Chong JCA) - 17 October 2022
Admiralty - Ship arrest - Ship arrested based on non-existent claim - Claim amended - Nature of warrant of arrest - Effect of amendment to statement of claim on warrant of arrest issued prior to amendment - Status of warrant of arrest following amendment to statement of claim - Importance of supporting affidavit
Online Published Date:
06 January 2023
Appeared in issue:
1124 - 06 January 2023
MSC Mediterranean Shipping Co SA v Stolt Tank Containers BV and Others (The MSC Flaminia) - [2022] EWHC 2746 (Admlty), King's Bench Division, Admiralty Court (Andrew Baker J) - 2 November 2022
Admiralty - Limitation of liability - Tonnage limitation - Meaning of shipowner - Charterer - Limitation fund - Consequential losses - Convention on Limitation of Liability for Maritime Claims 1976 as amended, article 2
Online Published Date:
06 January 2023
Appeared in issue:
1124 - 06 January 2023
DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The Newcastle Express) - [2022] EWCA Civ 1555, Court of Appeal (Lord Justice Males, Lord Justice Birss and Lord Justice Snowden - 24 November 2022
Charterparty - Whether agreement concluded - Arbitration - Jurisdiction - Separability - Error of law - Arbitration Act 1996, sections 7, 67 and 69
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023
Arnold v Halcyon Yachts Ltd - [2022] EWHC 2858 (Admlty), King's Bench Division, Admiralty Court (Mr Admiralty Registrar Davison) - 18 November 2022
Contract for delivery of yacht - Voyage not completed - Damage suffered by yacht - Whether curtailing voyage was the fault of the delivery company - Pre-existing defects - Supply of Goods and Services Act 1982 - Bailment
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023
Viva Energy Australia Pty Ltd v MT AG Neptune (No 2) - [2022] FCA 533, Federal Court of Australia (Justice Stewart), 10 May 2022
Admiralty - Arrest - Ship ordered to sail under arrest to Gladstone - Application to amend orders - Vessel unable to safely reach Gladstone via route within the territorial sea - Marshal's custody of the vessel - Owners' undertaking that no point about the validity of the arrest would be taken - Admiralty Act 1988 (Cth), section 22
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023
MV Pacific Pearl Co Ltd v NYK Orpheus Corporation and Another - [2022] EWHC 2828 (Admlty), KBD (Admlty Ct) (Mr Justice Andrew Baker, sitting with Captain Roger Barker and Captain Aseem Hashmi, nautical assessors from Trinity House) - 11 November 2022
Admiralty - Collision - Rules of the sea - Apportionment of liability - Merchant Shipping Act 1995, section 187
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023