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Chiswell Shipping Ltd. v. Liberian Jaguar Transports Inc. (The World Symphony and World Renown) - Court of Appeal (Lord Donaldson M.R., Butler-Sloss L.J. and Sir David Croom-Johnson) - 15 April 1992
Clause 3 of the Shelltime 3 charterparty defined the charter period in terms of “a period of six months fifteen days more or less in charterers’ option”. Clause 18 provided:
Notwithstanding the provisions of clause 3 hereof, should..
Online Published Date:
02 May 1992
Appeared in issue:
326 - 02 May 1992
Steadman v. Schofield - Q.B.D. (Sheen J.) -
31 March 1992
On 6 August 1988 the plaintiff was riding a jet ski off Brighton pier when he was involved in a collision with a speedboat. He was severely injured and brought an action for damages against the owner and driver of the speedboat. He..
Online Published Date:
02 May 1992
Appeared in issue:
326 - 02 May 1992
A/S Iverans Rederei v. K.G. M.S. Holstencruiser (The Holstencruiser) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 9 April 1992
The vessel Holstencruiser
was time-chartered by the plaintiffs under the N.Y.P.E. form. The charterparty incorporated the Inter-Club N.Y.P.E. Agreement 1970/1972. The plaintiffs ran a worldwide liner operation and all the cargoes were..
Online Published Date:
02 May 1992
Appeared in issue:
326 - 02 May 1992
13/92
The time-charter contained the following clauses:
(Lines 9/10) . . . capable of steaming throughout the currency of this charterparty, fully laden, under good weather conditions about 13 knots on a consumption of about 26 metric tons of IFO. . ...
Online Published Date:
02 May 1992
Appeared in issue:
326 - 02 May 1992
14/92
The vessel was chartered for the carriage of general cargo and containers. Much of the general cargo was made up of granite block and steel which was bottom stowed, thereby making the ship quite stiff. The ship encountered rough weather with winds..
Online Published Date:
02 May 1992
Appeared in issue:
326 - 02 May 1992
15/92
The vessel was chartered on the Sugar Charterparty for a voyage from Bangkok and Kosichang. The charterers contended that they were entitled to a separate notice period at Kosichang. The charter provided that the ship should:
with all convenient..
Online Published Date:
16 May 1992
Appeared in issue:
327 - 16 May 1992
A/S Iverans Rederei v. K.G. M.S. Holstencruiser (The Holstencruiser) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 9 April 1992 (see L.M.L.N. 326)
Various additional points arose upon the construction and effect of clauses (1) and (2) of the Inter-Club Agreement.
Legal costs
Clause (1)(i) included the phrase “the cargo claim, including any legal costs incurred thereon”. That..
Online Published Date:
16 May 1992
Appeared in issue:
327 - 16 May 1992
Bizley Pty Ltd. v. Transcontinental Services Limited (The Protea Trader) - Supreme Court of N.S.W. (Adm.Ct.) (Carruthers J.) - 10 April 1992
A bill of lading was issued by Transcontinental Services Ltd., the time charterers of the vessel Protea Trader
for the shipment of a consignment of refractory bricks from Antwerp to Sydney. The goods were carried, after transshipment, on the vessel..
Online Published Date:
16 May 1992
Appeared in issue:
327 - 16 May 1992
Bombay Trading Co. (Pte) Ltd. v. Owners of the vessel Felicie - High Court (Karthigesu J.)
- 27 September 1991
In this case, the Singapore High Court endorsed the longstanding practice that port dues owing to the Port of Singapore Authority incurred whilst a vessel was under arrest were recoverable as part of the sheriff’s expenses..
Online Published Date:
16 May 1992
Appeared in issue:
327 - 16 May 1992
In the matter of: Oil Spill by the Amoco Cadiz off the Coast of France on March 16 1978 - U.S. Court of Appeals (7th Circuit) -
24 January 1992
One of the issues in this appeal was the measure of damages payable in respect of lost oil cargo. The relevant charterparty specified that all disputes were to be resolved under English law. Shell International Petroleum Co...
Online Published Date:
16 May 1992
Appeared in issue:
327 - 16 May 1992
New Market Investment Corporation v. Fireman’s Fund Insurance Co. - U.S. District Ct. (ED Pennsylvania) (Broderick D.J.) -
30 September 1991
The plaintiff was an importer of Chilean fruit into the U.S. The cargoes were insured by the defendant under an open marine cargo policy. An endorsement to the policy covered inter alia
:
. . . destruction of, or damage to, the..
Online Published Date:
16 May 1992
Appeared in issue:
327 - 16 May 1992
16/92
The charterparty provided that the vessel should load Bangkok completing Kosichang. The owners contended that this meant that the two places should be treated as one port, and time should commence to count at Kosichang immediately after the vessel..
Online Published Date:
16 May 1992
Appeared in issue:
327 - 16 May 1992
The Kherson - Q.B.D. (Adm.Ct.) (Sheen J.) -
1 May 1992
The plaintiff cargo interests complained that their cargo had been contaminated while laden in the defendants’ ship Kerch
. The plaintiffs were Dutch companies and the Kerch
was owned by the Georgian State Shipping Co.
There was a..
Online Published Date:
30 May 1992
Appeared in issue:
328 - 30 May 1992
Philips Export BV v. The Port of Singapore Authority - High Court (Goh Joon Seng J.) -
26 March 1992
The plaintiff’s cargo was stored in a container which had been discharged from the carrying vessel and delivered to the Port of Singapore Authority’s (“P.S.A.”) container terminal at Keppel Wharves, Singapore...
Online Published Date:
30 May 1992
Appeared in issue:
328 - 30 May 1992
Great River Shipping Inc. v. Sunnyface Marine Ltd. (The Great Eagle) - Cape Provincial Division (King J.) - 12 December 1991
The owners of the vessel Great Eagle
applied for the setting aside of the arrest of the vessel on the ground inter alia
that the respondent was not entitled to arrest the vessel by reason of section 3(8) of the Admiralty Jurisdiction Regulation..
Online Published Date:
30 May 1992
Appeared in issue:
328 - 30 May 1992
17/92
The vessel was chartered on the Sugar Charterparty, clause 17 of which provided:
Ship’s holds to be odourless and free from insects, properly swept, cleaned and dried to the satisfaction of shippers’ or charterers’ agents before..
Online Published Date:
30 May 1992
Appeared in issue:
328 - 30 May 1992
18/92
On 15 May the vessel was sub-chartered by disponent owners on the Sugar Charterparty, clause 17 of which provided:
Ship’s holds to be odourless and free from insects, properly swept, cleaned and dried to the satisfaction of shippers or..
Online Published Date:
30 May 1992
Appeared in issue:
328 - 30 May 1992
19/92
The vessel was chartered on the Gencon form for the carriage of a minimum quantity of 6,500 metric tons of tapioca, up to the ship’s full cargo capacity in the charterer’s option. The freight was payable on a lumpsum F.I.O.S. basis.
The..
Online Published Date:
30 May 1992
Appeared in issue:
328 - 30 May 1992
20/92
The shipowners claimed damages for detention at the discharge port. The vessel arrived at 16 20 on 9 November and waited until 26 November before the receivers accepted the notice of readiness. The delay arose as a result of a dispute over the sale..
Online Published Date:
30 May 1992
Appeared in issue:
328 - 30 May 1992