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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 buyerâs 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