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Rainy Sky SA and Ors v Kookmin Bank – Supreme Court (Lord Phillips PSC, Lord Mance, Lord Kerr, Lord Clarke and Lord Wilson JJSC) – 2 November 2011
The first to sixth claimants were Buyers under six shipbuilding contracts with Jinse Shipbuilding Co Ltd (“the Builder”), a Korean company. The defendant Bank issued bonds to those claimants to secure obligations assumed by the Builder..
Online Published Date:
16 November 2011
Appeared in issue:
834 - 16 November 2011
Dawkins v Carnival plc – Court of Appeal (Pill, Moore-Bick and Aikens LJJ) – 27 October 2011
The claimant was a passenger on the defendant’s cruise ship Oriana. On 23 November 2006, while the ship was in international waters, the claimant was walking through the Conservatory Restaurant at about 2 pm when she fell, sustaining soft..
Online Published Date:
16 November 2011
Appeared in issue:
834 - 16 November 2011
Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd (The “Jin Man”)(No 2) – QBD (Com Ct)(Teare J) – 14 October 2011
The claimant shipowners chartered their vessels Jin Man and Jin Pu to Daehan Shipping Co Ltd (“the charterers”). Pursuant to the terms of the charterparties, the defendant company provided two letters guaranteeing amounts due by the..
Online Published Date:
16 November 2011
Appeared in issue:
834 - 16 November 2011
Glencore Energy (UK) Ltd v Sonol Israel Ltd (The “Team Anmaj”) – QBD (Com Ct)(Beatson J) – 26 October 2011
The claimant sellers entered into two contracts to sell 18,100 mt of gasoil to the defendant buyers on 15 December 2004 and 10 January 2005 to be delivered between 1 and 12 January 2005 at Ashkelon, Israel. 12,500 mts were to be delivered under the..
Online Published Date:
16 November 2011
Appeared in issue:
834 - 16 November 2011
Transnet Ltd (t/a National Ports Authority) v MV “Cleopatra Dream” and Anr – Supreme Court of Appeal)(Brand, Lewis, Heher, Malan and Seriti JJA) – 11 March 2011
In the early hours of 2 April 2004 the vessel Cleopatra Dream was making her way out of the port of Saldanha with a pilot onboard, and having loaded cargo, when she experienced a catastrophic power failure which resulted in the stoppage of her main..
Online Published Date:
25 November 2011
Appeared in issue:
835 - 25 November 2011
Parbulk II A/S v Heritage Maritime Ltd SA (The “Mahakam”) – QBD (Com Ct)(Eder J) – 8 November 2011
On 11 December 2007 the parties entered into a bareboat charterparty of the vessel Mahakam for 60 months at a daily rate of US$38,500. Clause 38.3 of the charterparty provided that punctual payment of hire “shall be of essence”. The..
Online Published Date:
25 November 2011
Appeared in issue:
835 - 25 November 2011
Pacific Basin IHX Ltd v Bulkhandling Handymax AS (The “Triton Lark”) – QBD (Com Ct)(Teare J) – 8 November 2011
The vessel Triton Lark was chartered by Pacific Basin (“the charterers”) from disponent owners Bulkhandling (“the owners”) on the NYPE form incorporating the BIMCO Standard War Risk Clause for Time Charters – CONWARTIME..
Online Published Date:
25 November 2011
Appeared in issue:
835 - 25 November 2011
MIOM 1 Ltd and Anr v Sea Echo ENE – QBD (Admlty Ct) (Teare J) – 26 October 2011
On 8 December 2010 the court gave judgment in a collision action brought by the claimants against the defendant where the claimants’ claim far exceeded that of the defendant’s. Liability for the collision was to be borne equally by the..
Online Published Date:
25 November 2011
Appeared in issue:
835 - 25 November 2011