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Fercometal SARL v. Mediterranean Shipping Co. S.A. (The Simona) - House of Lords (Lord Bridge, Lord Templeman, Lord Ackner, Lord Oliver and Lord Jauncey) - 16 June 1988
The charterers had the option, under a Gencon charterparty, to cancel the contract if the vessel was not ready to load on or before 3/9 July 1982. The option had to be declared at least 48 hours before arrival at the loading port. On 2 July the..
Online Published Date:
02 July 1988
Appeared in issue:
226 - 02 July 1988
The River Rima - House of Lords (Lord Bridge, Lord Brandon, Lord Brightman, Lord Ackner and Lord Goff) - 16 June 1988
The plaintiffs leased cargo containers to shipping companies. They entered into a “Lease Plan” agreement with the defendants, the Nigerian National Shipping Line (NNSL), whereby the defendants would hire containers from the plaintiffs...
Online Published Date:
02 July 1988
Appeared in issue:
226 - 02 July 1988
Vagres Compania Maritima S.A. v. Nissho-Iwai American Corpn. (The Karin Vatis) - Court of Appeal (Slade, Croom-Johnson and Lloyd L.JJ.) - 21 June 1988
The vessel Karin Vatis
was chartered on the Gencon form as amended for a voyage from Liverpool to India with a cargo of shredded scrap. The charterparty provided:
Freight, when due, is payable at the rate of: Lumpsum $715,000 basis one load and one..
Online Published Date:
02 July 1988
Appeared in issue:
226 - 02 July 1988
The Mara - Q.B.D. (Adm.Ct.) (Sheen J.) -
7 June 1988
In January 1986 a cargo of zinc concentrate was loaded on board the Stanley Bay
at Dublin. On 23 January 1986 the Stanley Bay
became a total loss off Aviles and the plaintiffs’ cargo was lost with the ship. The plaintiffs sought..
Online Published Date:
02 July 1988
Appeared in issue:
226 - 02 July 1988
The Mara - See above
The owners of the Mara contended that the plaintiffs were not entitled to bring an action against the Mara
in respect of their claim for the loss of their cargo on board Stanley Bay
.
Section 21 of the Supreme Court Act 1981 provides:
- (4) In the..
Online Published Date:
02 July 1988
Appeared in issue:
226 - 02 July 1988
Cargill U.K. Ltd. v. Continental U.K. Ltd. - Q.B.D. (Com.Ct.) (Evans J.) - 10 May 1988
The parties entered into an f.o.b. sale contract which incorporated the General Conditions in GAFTA form 79A. The agreement provided that delivery was to be between 5/31 August 1986 without extension, and that the vessel was to present notice of..
Online Published Date:
16 July 1988
Appeared in issue:
227 - 16 July 1988
Shearson Lehman Brothers Inc. and others v. Maclaine Watson & Co. Ltd. and others (No. 3) - Q.B.D. (Com.Ct.) (Webster J.) - 8 June 1988
The plaintiffs in a Court action applied for disclosure of documents in an arbitration. The documents sought to be disclosed were the pleadings in the arbitration, documents produced by way of evidence, the transcript of the evidence given and the..
Online Published Date:
16 July 1988
Appeared in issue:
227 - 16 July 1988
3/88
The vessel sank whilst undergoing repairs at the Eastern Anchorage in Singapore. At the time of the sinking the vessel lay within port limits, about two miles from the shore and in 10 fathoms of water.
The owners of the vessel claimed against their..
Online Published Date:
16 July 1988
Appeared in issue:
227 - 16 July 1988
4/88
A second preliminary issue determined by the tribunal in London Arbitration 3/88 was whether, following the casualty, the vessel was a wreck within the meaning of Rule 17(14) of the Club Rules, which provided:
Members shall be insured by the Club..
Online Published Date:
16 July 1988
Appeared in issue:
227 - 16 July 1988
Babanaft International Company S.A. v. Bassatne and another - Court of Appeal (Kerr, Neill & Nicholls L.JJ.) - 30 June 1988
On 29 March 1988 the plaintiff obtained judgment against the defendants. The plaintiff applied for an order pursuant to Order 48 of the Rules of the Supreme Court for the attendance of the defendants to be orally examined as to their assets..
Online Published Date:
16 July 1988
Appeared in issue:
227 - 16 July 1988
Inversiones Manria S.A. v. Sphere Insurance Co. Plc and others (The Dora) - Q.B.D. (Com.Ct.) (Phillips J.) - 16 June 1988
The plaintiffs’ yacht Dora
was insured under a marine insurance policy. Various issues arose as to the legal effects of alleged non-disclosure by three of the plaintiff’s servants or agents who were involved with the operation of the..
Online Published Date:
16 July 1988
Appeared in issue:
227 - 16 July 1988
The Ouro Fino - Court of Appeal (O’Connor Bingham & Taylor L.JJ.) - 4 July 1988
On 16 January 1979 the plaintiffs’ ship Rimac
was in collision with the defendants’ dumb barge BGL-2 in the river Schelde a little to the west of Flushing. The barge was in the control of the tug Ouro Fino
. At the time of the action..
Online Published Date:
30 July 1988
Appeared in issue:
228 - 30 July 1988
The Evpo Agnic - Court of Appeal (Lord Donaldson of Lymington M.R., Butler-Sloss L.J. and Sir Roualeyn Cumming-Bruce) - 14 July 1988
The plaintiffs were the owners of cargo laden on board the vessel Skipper I
which was lost in unexplained circumstances in 1987. In January 1988 the plaintiffs issued a writ in an admiralty action in rem
against the owners of the vessel Evpo..
Online Published Date:
30 July 1988
Appeared in issue:
228 - 30 July 1988
Vagres Companhia Maritima S.A. v. Nissho-Iwai American Corpn. (The Karin Vatis) - Court of Appeal (Slade, Croom-Johnson & Lloyd L.JJ.) - 21 June 1988
The vessel Karin Vatis
was chartered on the Gencon form as amended for a voyage from Liverpool to India with a cargo of shredded scrap. The charterparty provided:
Freight, when due, is payable at the rate of: Lumpsum $715,000 basis one load and one..
Online Published Date:
30 July 1988
Appeared in issue:
228 - 30 July 1988
The Powstaniec Wielkopolski - Q.B.D. (Adm.Ct.) (Sheen J.) - 12 July 1988
On 23 April 1985 the vessel Powstaniec Wielkopolski
was in Gravesend Reach, within the limits of the Port of London as defined by the Port of London Act 1968, lying moored fore and aft at buoys on the southern side of the river off Imperial Paper..
Online Published Date:
30 July 1988
Appeared in issue:
228 - 30 July 1988
The St. Michael - Q.B.D. (Adm.Ct.) (Sheen J. with assessors) - 19 July 1988
The plaintiffs’ vessel Glucometer II
was a 45 foot racing catamaran competing in the City of Plymouth Round Britain Race and manned by a crew of two experienced hands. On 24 July 1985 the catamaran sailed from Lowestoft. During the afternoon,..
Online Published Date:
30 July 1988
Appeared in issue:
228 - 30 July 1988