i-law

Lloyd's Maritime Law Newsletter

ING Bank NV and Others v Canpotex Shipping Services Ltd and Others – Federal Court of Appeal (Nadon, Dawson and Webb JJA) – 10 March 2017

Practice – Interpleader – Liability for payment of supply of bunker following collapse of OW Bunker Group – Entitlement to trust funds deposited by party seeking to interplead
Online Published Date:  10 July 2017
Appeared in issue:  981 - 07 July 2017

Offshore Marine Services Alliance Pty Ltd v Leighton Contractors Pty Ltd and Another – Federal Ct of Australia (McKerracher J) [2017] FCA 333– 30 March 2017

General average – Liability to contribute – Whether liability limited to owner of benefited cargo – Whether fact that cargo suppliers were “on risk” in relation to benefited cargo sufficient to establish liability to contribute
Online Published Date:  10 July 2017
Appeared in issue:  981 - 07 July 2017

Fulton Shipping Inc of Panama v Globalia Business Travel SAU (The “New Flamenco”) – Supreme Court (Lord Neuberger PSC, Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge JJSC) [2017] UKSC 43 – 28 June 2017

Charterparty – Anticipatory breach – Damages – Time-charterers redelivering vessel early – Whether owners bound to give credit for value of vessel sold on repudiation for greater sum than value of vessel at contractual date of redelivery
Online Published Date:  10 July 2017
Appeared in issue:  981 - 07 July 2017

Aldcroft v The International Cotton Association Ltd – QBD (Comm Ct) (David Foxton QC sitting as a Deputy High Court Judge) [2017] EWHC 642 (Comm) – 30 March 2017

Arbitration – Rules of trade association placing limit on acceptance of repeat appointments by an arbitrator and limiting number of active arbitrations in which an arbitrator might be involved – Whether limitations constituted unreasonable restraint of trade – International Cotton Association Ltd
Online Published Date:  10 July 2017
Appeared in issue:  981 - 07 July 2017

Vitol SA v Beta Renowable Group SA – QBD (Comm Ct) (Carr J) [2017] EWHC 1734 (Comm) – 7 July 2017

Saleof goods – Renunciatory breach by seller – Whether buyer accepted breach as terminating contract – Whether buyer's failure to nominate vessel sufficiently unequivocal act – Whether buyer’s failure to nominate relieved seller of obligation to deliver
Online Published Date:  21 July 2017
Appeared in issue:  982 - 21 July 2017

London Arbitration 19/17

Charterparty – Owners settling cargo claims – Charterparty incorporating NYPE Inter-Club Agreement – Owners claiming to recover expenditure from charterers as damages – Whether charterers in breach of charter for failing to handle cargo claims in first instance – Whether owners entitled to recover pursuant to implied indemnity in charter – Whether owners entitled to recover pursuant to Inter-Club Agreement
Online Published Date:  21 July 2017
Appeared in issue:  982 - 21 July 2017

The Queen (on the application of Knight) v Secretary of State for Transport – QBD (Admin Ct) (Teare J) [2017] EWHC 1722 (Admin) – 10 July 2017

Judicial review – Claim for salvage in respect of wreck – Receiver of Wreck refusing to make salvage award – Whether “salvage operations” cannot be considered finished until everything raised from sea bed – Whether salvage claim time-barred
Online Published Date:  21 July 2017
Appeared in issue:  982 - 21 July 2017

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