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Blue Nile Shipping Co Ltd and Anr v Iguana Shipping and Finance Inc (The "Darfur") - QBD (Admlty Ct) (David Steel J) - 26 June 2004
On 20 November 1995, whilst proceeding along the River Seine, the Darfur collided with the Happy Fellow. The first claimants ("Blue Nile") were the registered owners of the Darfur and the second claimant was the master of Darfur. The first..
Online Published Date:
07 July 2004
Appeared in issue:
643 - 07 July 2004
Dumford Trading AG v OAO Atlantrybflot - QBD (Com Ct) (HH Judge Chambers QC sitting as a deputy judge of the QBD) - 11 May 2004
The claimant, a Liechtenstein company, lent moneys to Shelley Marketing LLC ("Shelley"), a Delaware company, in respect of fishing vessels. Shelley's liability to the claimant was guaranteed under a guarantee agreement in which the guarantor was..
Online Published Date:
07 July 2004
Appeared in issue:
643 - 07 July 2004
North River Insurance Co v ACE American Reinsurance Co - US Court of Appeals (2nd Cir) (Pooler and Parker Ct JJ and Hall DJ) - 15 March 2004
The plaintiff had insured the Owens-Corning Fiberglass Corporation ("Owens-Corning") between 1974 and 1983. The plaintiff's policies covered portions of the second, third, fourth, and fifth excess layers of Owens-Corning's coverage. The second..
Online Published Date:
07 July 2004
Appeared in issue:
643 - 07 July 2004
London Arbitration 12/04
The vessel, a 24 year old bulk logger/bulk carrier, was chartered on an amended North American Grain Charter Party 1973 form with rider clauses for the carriage of a full cargo of paddy rice in bulk from the Mississippi River to a named discharge..
Online Published Date:
07 July 2004
Appeared in issue:
643 - 07 July 2004
Portolana Compania Naviera Ltd v Vitol SA (The "Afrapearl") - Court of Appeal (Ward, Clarke and Laws LJJ) - 9 July 2004
On 3 May 2001 the vessel Afrapearl was chartered on an amended Asbatankvoy form for the carriage of fuel oil from the US Gulf to Dakar. One parcel of cargo was to be discharged at the M'bao sealine. The relevant provisions of the charterparty were..
Online Published Date:
21 July 2004
Appeared in issue:
644 - 21 July 2004
FAL Oil Co Ltd and Anr v Petronas Trading Corporation Sdn Bhd - Court of Appeal (Judge, Buxton and Mance LJJ) - 7 July 2004
The claimant sellers agreed to sell to the defendant buyers ("Petronas") a cargo of high viscosity oil on C&F terms. There were two issues in the case. The first related to liability for the contamination of the oil by water. The second related..
Online Published Date:
21 July 2004
Appeared in issue:
644 - 21 July 2004
Booth v Phillips and Ors - QBD (Com Ct)(Nigel Teare QC sitting as a deputy judge of the QBD) - 17 June 2004
The claimant was the widow of the chief engineer of the vessel Maysora who had died whilst working on board the vessel in Egypt. The claimant, in her own right and as executrix of her husband's estate, claimed against the master of the vessel ("the..
Online Published Date:
21 July 2004
Appeared in issue:
644 - 21 July 2004
Brooks Aviation Inc v The wrecked and abandoned Boeing SB-17G aircraft Serial No 44-83790 and Ors - Federal Ct (MacKay J) - 17 May 2004
The plaintiff undertook a search for a USAF "flying fortress" B17 bomber which had had to make a forced landing on the frozen surface of Lake Dyke, Labrador in December 1947, and which ultimately came to rest at the bottom of Lobstick Lake. In..
Online Published Date:
21 July 2004
Appeared in issue:
644 - 21 July 2004