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The Excomm Marina - July 27, 1979
Charterers argued that the customary allowance of 0.5% was an “anachronistic relic of an earlier date”. They said it was based solely on the ship’s own figures, and thus any inaccuracy in calibration would cancel out. The..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
B.T.P. Tioxide Ltd. v. Pioneer Shipping Ltd. & Anr. (The Nema) - Mr. Justice Robert Goff - Q.B. (Com.Ct.) - Nov. 2, 9, 12, 1979
This was the first appeal under the 1979 Act. The disputes that had arisen in the arbitration were whether, under a consecutive voyage charter-party, there was frustration by a strike of the whole charter-party or of the individual voyages and..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Iraqi Ministry of Defence & Ors. v. Arecepy Shipping Co. S.A. (Gillespie Bros. & Co. Ltd. - Interveners) - Mr. Justice Robert Goff - Q.B. (Chambers judgment in Open Court) - Nov. 13, 1979
The action had arisen out of the sinking of the defendant’s vessel Angel Bell. The plaintiffs were the owners of the cargo abroad at the time and they claimed in respect of that loss. A Mareva
injunction had been granted at the instance of..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
The Saint Anna - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Oct. 19, 1979
Held
, that the fuel oil was the property of the charterers. At delivery of the vessel cl.14 provided that the charterers must “accept and pay for” all bunker oil on board. The obligation to accept the bunkers connoted a pre-existing..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Tehno-Impex v. Gebr. Van Weelde Scheepvaartkantoor B.V. - Mr. Justice Parker
- Q.B. - Nov. 5, 1979
Held
, that the claim would fail. The main and insuperable obstacle to success was the decision of London Chatham & Dover Railway Co.
v. South Eastern Railway Co.
(H.L.) [1893] A.C. 429 and there were no subsequent..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Bute Marina Ltd. v. the Ship Langdale Queen - Can-Dive Services Ltd. et al. (interveners) - Federal Court of Canada Trial Division - Aug. 14, 1979.
In this case the owner of a marina sued the defendant ship in rem for damage caused to the owner’s premises when the vessel sank, loss of income during the time the vessel remained in a sunken condition, contractual moorage and other sundry..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Vessel suitable for grab discharge - 1/79
Under a charter-party on the Gencon form it was warranted that the vessel was suitable for grab discharge. The vessel nominated was a three decker. During the discharge operation the grabs had torn up the cork and polystyrene insulation in the hold..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Disputes under a charter-party as to laytime - 2/79
- (1) A “special agreement” had been reached which permitted the charterers to call at an additional loading port. It stipulated “time to count” from the moment the inward pilot was taken on at the additional port and was to..
Online Published Date:
15 November 1979
Appeared in issue:
1 - 15 November 1979
Gregg & Ors. v. Raytheon Ltd.; Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation - Lord Denning, M.R., Lord Justice Roskill and Lord Justice Cumming-Bruce - Court of Appeal - Nov. 23, 1979
This was an appeal from the decision of Mr. Justice Donaldson (as he then was) in the Court of first instance where he held that arbitrators had the power to dismiss for want of prosecution: or alternatively that the Court itself had the..
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979
Sioux Inc. v. China Salvage Co. v. Transpac Marine S.A. (The American Sioux) - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Nov. 20, 1979
A salvage agreement on Lloyd’s Open Form (no cure_no pay) was signed when the plaintiffs’ vessel, American Sioux
stranded on a reef. The salvage operation, which lasted 11 months, was successful. The contractor notified Lloyd’s..
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979
The Anna Maria - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Nov. 6, 1979
This was an application by the respondents in an arbitration for an injunction to prevent claimants taking any further steps in a reference to arbitration contained in a salvage agreement on Lloyd’s standard form.
The salvage services had been..
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979
The Constanza M - Mr. Justice Lloyd - Q.B. - Nov. 7, 1979
Following an arbitration the Umpire held that the respondents were liable to the shipowners for the claimed balance of freight. He dismissed a counter-claim. The Umpire’s award was an interim award in the form of a special case.
On Oct. 25,..
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979
The Friso - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Nov. 15, 1979
The plaintiffs claimed for damage to and loss of cargo carred on Friso
. They contended that the vessel was unseaworthy and the defendants were therefore not entitled to the protection of art. IV Hague Rules. Friso
had taken a severe list to port..
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979
Kaufman et al v. Vaccher and the ship Blue Waters - Judge Pratte, Judge Heald, District Judge Rhodes Smith - Federal Court of Appeal - Oct. 22, 1979
The owner of a fishing vessel left two inexperienced seamen in charge while he slept. He was awakened when his vessel collided with another.
In an action for damages brought by the owners of the other vessel, the owner claimed the protection of the..
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979
Liability for delay - 3/79
The owners of a vessel claimed damages from the voyage charterers in respect of alleged failure to use reasonable diligence in loading a cargo of wheat. The delay arose from the loading of defective wheat which had not been inspected by the U.S...
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979
Gencon Strike Clause - 4/79
A dispute arose as to the interpretation of the Gencon Strike Clause. Truck drivers had gone on strike while a vessel was discharging bulk fertiliser at an Italian port, where according to the charterers, it was “impossible to discharge on to..
Online Published Date:
29 November 1979
Appeared in issue:
2 - 29 November 1979