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Shell International Petroleum Co. Ltd. v. Gibbs (The Salem) (See LMLN 60 - 18 February 1982)
The facts of this case were summarised in LMLN 60. Although all three members of the Court of Appeal held that Mustill J. was wrong in holding that the turning off to Durban was a “taking at sea”, they each gave different reasons for..
Online Published Date:
04 March 1982
Appeared in issue:
61 - 04 March 1982
3/83
The following three recent arbitration decisions all concern issues arising out of shipowners’ obedience to charterers’ orders.
The relevant charterparty clauses provided that freight was to be paid:
. . . within 7 working days from..
Online Published Date:
04 March 1982
Appeared in issue:
61 - 04 March 1982
4/82
The vessel, which was time-chartered on the NYPE form, loaded a cargo in Venezuela where a bill of lading was issued showing Genoa as the discharging port. That was changed to Savona against the charterers giving the usual letter of indemnity. After..
Online Published Date:
04 March 1982
Appeared in issue:
61 - 04 March 1982
5/82
The vessel loaded 30,906 tons of yellow corn. Two bills of lading were issued in respect of the cargo; one for 25,598 tons and the other for 5,308 tons, the latter quantity being loaded into No. 2 hold. The sellers of the cargo were named as..
Online Published Date:
04 March 1982
Appeared in issue:
61 - 04 March 1982
Transamerican Steamship Corpn. v. Tradax Export (The Oriental Envoy) - Q.B.D. (Com. Ct.) (Parker J.) - 23 February 1982
Transamerican entered into two charterparties with Tradax. By the first charter, dated June 1975, Transamerican chartered a vessel to be nominated guaranteed 10,500 long tons for the carriage of rice from the U.S. Gulf to Basrah. Clause 22..
Online Published Date:
18 March 1982
Appeared in issue:
62 - 18 March 1982
The Trustees of the Harbours of Peterhead v. Thomas Chalmers (The Clupea) - Court of Session (Outer House) (Lord Allanbridge) - 20 January 1982
This is, apparently, the first reported case concerning the interpretation of section 57 of the Harbour, Docks and Piers Clauses Act 1847, the relevant part of which provides that “No vessel which should be laid by or neglected as unfit for..
Online Published Date:
18 March 1982
Appeared in issue:
62 - 18 March 1982
6/82
The vessel was chartered under the NYPE form for the carriage of maize from South Africa to Japan. The charterparty provided that on arrival at the loading port the vessel was to be in every way fitted for the carriage of maize and that she was to..
Online Published Date:
18 March 1982
Appeared in issue:
62 - 18 March 1982
7/82
The vessel was chartered to load a cargo of heavy grain, sorghum or soyas from a U.S. gulf port to North African ports. The ship arrived at the loading port on 13 July 1979 and was inspected by the National Cargo Bureau Surveyor and by the U.S...
Online Published Date:
18 March 1982
Appeared in issue:
62 - 18 March 1982
Balfour Guthrie (Canada) Ltd. v. Arrow Transportation Systems Inc., Blue Star Ship Management Ltd. et al.; Empire Stevedoring Co. Ltd., Third Party (The Fremantle Star) - British Columbia Court of Appeal - 27 November 1981.
266 bundles of wire rod in coils, secured by metal bands, were shipped under a clean ocean bill of lading from Auckland to Vancouver, where they were discharged to dock and scow by stevedores E, and then delivered to the consignee by inland carrier..
Online Published Date:
18 March 1982
Appeared in issue:
62 - 18 March 1982