- Home/Publications/Lloyd's Maritime Law Newsletter
Smit Tak Offshore Services v. Youell (The Mare) - Court of Appeal (Mustill, Mann & Farquharson L.JJ.) - 18 October 1991
On 30 January 1988 the vessel Mare
was attacked by an Iranian gunboat, set on fire and abandoned. Smit Tak Offshore Services (“S.T.O.S.”) was a joint venture based in Sharjah in which Smit Tak B.V. (“Smit T.A.K.”) owned a..
Online Published Date:
02 November 1991
Appeared in issue:
313 - 02 November 1991
The Indian Grace - Court of Appeal (Glidewell, McCowan & Leggatt L.JJ.) -
26 September 1991
The vessel Indian Grace
loaded a cargo of munitions in Sweden for carriage to India. During the course of the voyage a fire was discovered in one of the holds and the vessel diverted to Cherbourg. The cargo, which consisted mainly..
Online Published Date:
02 November 1991
Appeared in issue:
313 - 02 November 1991
R. v. G.R.A. Darling Q.C., Wreck Commissioner, Ex parte Swan Hunter Shipbuilders Ltd. and others - Q.B.D. (Crown Office List) (Popplewell J.) - 18 October 1991
On 9 September 1980 the vessel Derbyshire was lost with all hands. Between October 1987 and March 1988 a formal investigation was held by the Wreck Commissioner, Mr. G. Darling Q.C., into the causes of the loss. The hearing lasted 46 days. Various..
Online Published Date:
02 November 1991
Appeared in issue:
313 - 02 November 1991
21/91
Bills of lading stated that a total of 180,000 bags of sugar had been loaded onto the vessel. When the cargo was discharged, the receivers, relying on tallies which they had arranged to have carried out, claimed that only 177,923 bags had been..
Online Published Date:
02 November 1991
Appeared in issue:
313 - 02 November 1991
Dimskal Shipping Co. S.A. v. International Transport Workers Federation (The Evia Luck (No. 2)) - House of Lords (Lord Keith, Lord Templeman, Lord Ackner, Lord Goff and Lord Lowry) - 7 November 1991
The vessel Evia Luck
was owned by a Panamanian company, managed from Greece, and manned inter alios
by Filipino nationals under Filipine contracts of employment. In March 1983 the vessel was berthed in Sweden.
The I.T.F. boarded the vessel in..
Online Published Date:
16 November 1991
Appeared in issue:
314 - 16 November 1991
Cargill S.R.L. (Milan) v. P. Kadinopoulos S.A. - House of Lords (Lord Keith, Lord Roskill, Lord Templeman, Lord Oliver and Lord Goff) - 23 October 1991
The appellants, Cargill S.R.L., where the buyers of a cargo of wheat from the respondents. The contract was on G.A.F.T.A. form 64 and incorporated G.A.F.T.A. Arbitration Rules No. 125. A dispute arose under the contract. Paragraph 2.8 of the..
Online Published Date:
16 November 1991
Appeared in issue:
314 - 16 November 1991
Toyomenka Pacific Petroleum Inc. v. Hess Oil Virgin Islands Corp. (The Edenburg Fruid) - U.S. District Ct. (S.D.N.Y.) (Cedarbaum D.J.) - 23 July 1991
Toyomenka contracted to sell crude oil to Hess and to deliver the oil by ship to Hess’s St. Croix terminal between 25 October and 7 November 1989. The contract provided that Hess would pay demurrage for the ship’s laytime at the..
Online Published Date:
16 November 1991
Appeared in issue:
314 - 16 November 1991
22/91
The vessel was chartered on the Gencon form, clause 18 of which provided:
Freight deemed earned as per Box 14 and not returnable vessel and/or cargo lost or not lost by perils of the sea.
Box 14 provided:
Freight payment . . . Payable within 3..
Online Published Date:
16 November 1991
Appeared in issue:
314 - 16 November 1991
23/91
The issue in this arbitration was whether the voyage charter had been concluded with the shipowners or the owners’ managers. Negotiations had taken place on the telex between brokers acting for the charterers, intermediate brokers and brokers..
Online Published Date:
16 November 1991
Appeared in issue:
314 - 16 November 1991
Attorney General of the Republic of Ghana and another v. Texaco Overseas Tankship Ltd. (The Texaco Melbourne) - Q.B.D. (Com.Ct.) (Webster J.) - 7 November 1991
The plaintiffs had obtained judgment for damages against the defendant. Issues arose as to the plaintiffs’ entitlement to interest, and these were put over to a separate hearing. At the adjourned hearing the defendant contended that the..
Online Published Date:
30 November 1991
Appeared in issue:
315 - 30 November 1991
Veracruz Transportation Inc. v. V. C. Shipping Co. Inc. (The Veracruz 1) - Court of Appeal (Beldam and Nourse L.JJ. and Sir John Megaw) - 7 November 1991
The buyers agreed to buy the vessel Veracruz 1
for $9.9 million under a memorandum dated 23 June 1989. The latest date for delivery was 31 May 1990. She was to be delivered in substantially the same condition and order as when inspected.
She was..
Online Published Date:
30 November 1991
Appeared in issue:
315 - 30 November 1991
24/91
The vessel was chartered on the N.Y.P.E. form for a period of 12 months. After delivery to the charterers the vessel carried, in turn, cargoes of phosphate, grain, grain and shredded scrap. The intermediate ballast voyages were of only one or two..
Online Published Date:
30 November 1991
Appeared in issue:
315 - 30 November 1991
25/91
The vessel was chartered by her disponent owners to the claimants on the Gencon form. The charter incorporated a London arbitration clause. Pursuant to the charter, bills of lading were issued showing the voyage charterers (hereafter “the..
Online Published Date:
30 November 1991
Appeared in issue:
315 - 30 November 1991
ICC Arbitration 1/91
The parties had concluded a contract for the sale of goods c.i.f. a named French port. The buyers were a company registered in the Netherlands Antilles and had used an English associated company to negotiate the contract. The contract did not..
Online Published Date:
30 November 1991
Appeared in issue:
315 - 30 November 1991