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NYK Bulkship (Atlantic) NV v Cargill International SA (The "Global Santosh") - Court of Appeal (Gross and Gloster LJJ and Sir Stanley Burnton) [2014] EWCA Civ 403 - 8 April 2014
Charterparty - Off-hire - Vessel detained by court order at discharge port - Order procuredby C&F seller to secure demurrage claim against cargo receivers - Whether sellersand/or receivers - agents - of charterers - Whether vessel off-hire
Online Published Date:
08 May 2014
Appeared in issue:
898 - 02 May 2014
Geden Operations Ltd v Dry Bulk Handy Holdings Inc (The “Bulk Uruguay”) – QBD (Comm Ct) (Popplewell J) [2014] EWHC 885 (Comm) – 28 March 2014
Charterparty
– Anticipatory breach – Renunciation – Whether charterers entitled to give
voyage orders to transit Gulf of Aden – Owners asserting that permission
required – Whether owners in repudiatory breach
Online Published Date:
08 May 2014
Appeared in issue:
898 - 02 May 2014
Swallowfalls Ltd v Monaco Yachting & Technologies SAM and Another - Court of Appeal (Longmore and McFarlane LJJ and Proudman J) [2014] EWCA Civ 186 - 27 February 2014
Contract - Shipbuilding contract - Loan agreement - Buyer of luxury yacht making loan tocontractor to enable construction to be completed - Buyer demanding repaymentof loan - Whether loan repayable on demand - Whether loan agreement containedimplied terms as to buyer's obligation to cooperate - Whether buyer entitled tosummary judgment
Online Published Date:
08 May 2014
Appeared in issue:
898 - 02 May 2014
Vitol Bahrain EC v Nasdec General Trading LLC and Others (No 2) – QBD (Comm Ct) (Popplewell J) [2014] EWHC 984 (Comm) – 4 April 2014
Practice
– Claim form – Service out of the jurisdiction – Court granting permission to
serve out under “necessary or proper party” gateway – Whether England clearly
or distinctly appropriate forum – Whether permission should be set aside
Online Published Date:
28 May 2014
Appeared in issue:
899 - 16 May 2014
Med Marine v Castillo Schiffahrts-GmbH & Co KG MS and Another (The “Conti Cartagena”) – QBD (Comm Ct) (Stephen Hofmeyr QC sitting as a Deputy High Court Judge) [2014] EWHC 1064 (Comm) – 28 March 2014
Practice
– Claim form – Service out of the jurisdiction – Turkish company providing tug
and pilotage assistance to vessel in Turkey – Contract incorporating UK
Standard Conditions for Towage and Other Services – Whether contract contained
exclusive English jurisdiction clause – Whether service of claim form should be
set aside
Online Published Date:
28 May 2014
Appeared in issue:
899 - 16 May 2014
American Overseas Marine Corporation v Golar Commodities Ltd (The “LNG Gemini”) – QBD (Comm Ct) (Andrew Smith J) [2014] EWHC 1347 (Comm) – 7 May 2014
Charterparty
– Injurious cargoes – Charter of liquefied natural gas carrier precluding
carriage of “cargoes injurious to the Vessel” – Charterers shipping cargo of
LNG – Debris subsequently found in vessel’s cargo pumps and tanks – Whether
charterers in breach of charter
Online Published Date:
28 May 2014
Appeared in issue:
899 - 16 May 2014
Sun United Maritime Ltd v Kasteli Marine Inc (The “Imme”) – QBD (Comm Ct) (Hamblen J) [2014] EWHC 1476 (Comm) – 14 May 2014
Arbitration
– Jurisdiction – Costs – Whether tribunal had jurisdiction to make costs award
Online Published Date:
29 May 2014
Appeared in issue:
900 - 30 May 2014
London Arbitration 12/14
Charterparty
– Speed and consumption – Whether warranted performance absolute or subject to
good weather criteria – Whether vessel in breach of performance warranty
Online Published Date:
29 May 2014
Appeared in issue:
900 - 30 May 2014
Fulton Shipping Inc of Panama v Globalia Business Travel SAU (The “New Flamenco”) – QBD (Comm Ct) (Popplewell J) [2014] EWHC 1547 (Comm) – 21 May 2014
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:
29 May 2014
Appeared in issue:
900 - 30 May 2014