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Italmare Shipping Co. v. Ocean Tanker Co. Inc. (The Rio Sun) - Court of Appeal (Lord Denning M.R. Shaw and Griffiths L.JJ.) - 31 July 1981
Disponent owners time-chartered their vessel Rio Sun
to the charterers on an NYPE form. The charter contained the usual clause for payment of hire and withdrawal. A typed “anti-technicality” clause was added, requiring the owners to..
Online Published Date:
01 October 1981
Appeared in issue:
50 - 01 October 1981
The Marco Reefer - Q.B.D. (Skinner J.) - 19 August 1981
The plaintiff cargo interests put forward a claim in the sum of about £83,000 alleging damage caused to their cargo of citrus fruit on the passage from Turkey to the U.K. They arrested the vessel at Shoreham in order to obtain security for..
Online Published Date:
01 October 1981
Appeared in issue:
50 - 01 October 1981
Bremer v. Raiffeisen Hauptgenossenschaft - Q.B.D. (Com. Ct.) (Lloyd J.) - 31 July 1981
This was the 21st appeal to come before the courts arising out of the United States soybean embargo. Bremer had sold 2000 tons of sbm to Raiffeisen on GAFTA Form 100 for shipment in instalments of 500 tons a month during the months May to August..
Online Published Date:
01 October 1981
Appeared in issue:
50 - 01 October 1981
11/81
Background
In late 1979 the Arabian Gulf was designated as a war risks additional premium area. Moreover, because of concern that the Straits of Hormuz might become blocked, special exclusion clauses were at first inserted in standard war risk..
Online Published Date:
01 October 1981
Appeared in issue:
50 - 01 October 1981
Glafki Shipping Co. S.A. v. Pinios Shipping Co. (The Maira) - Court of Appeal (Lord Denning M.R., Eveleigh L.J. and Sir Stanley Rees) - 6 October 1981
The Court of Appeal has declared that, although an arbitrator has power to impose conditions for the granting of a special case, where there is a clear-cut and fully arguable point of law on which a great deal of money depends it is only in a very..
Online Published Date:
15 October 1981
Appeared in issue:
51 - 15 October 1981
McCarren & Co. Ltd. v. Humber International Transport Services (The Vechtstroom) - Q.B.D. (Com.Ct.) (Lloyd J.) - 6 October 1981
The plaintiffs were the owners of 293 sides of pork which were being carried from Poole to Cherbourg in January 1979 on the vessel Vechtstroom
under a document described as a Commercial Vehicle Movement Order. The vehicle in which the goods were..
Online Published Date:
15 October 1981
Appeared in issue:
51 - 15 October 1981
Marine Steel Ltd. v. The Govt of the Marshall Islands (The Militobi) - High Court of New Zealand (Barker J.) - July 1981
The plaintiff, a New Zealand ship repairer, agreed to carry out certain repair work to the vessel Militobi
, owned and operated by the defendant government. The plaintiff carried out the work at Auckland but claimed that he had not been paid the..
Online Published Date:
15 October 1981
Appeared in issue:
51 - 15 October 1981
Amoco Transport Co. v. Bugsier Reederei & Bergungs A.G. - U.S. Court of Appeals (7th Circuit) (Swygert S.C.J., Bauer C.J. and Crabb D.J.) - 15 September 1981
This appeal arose out of the Amoco Cadiz
oil spill off the coast of France on 16 March 1978. Amoco were the owners of the Amoco Cadiz.
Bugsier were the owners of the salvage tug Pacific.
On 16 March 1978 the Amoco Cadiz
suffered a complete..
Online Published Date:
15 October 1981
Appeared in issue:
51 - 15 October 1981
Astro Exito Navegacion S.A. v. Southland Enterprise Co. Ltd. (The Messianiaki Tomi) - Court of Appeal (Lawton, Brandon and Templeman L.JJ.) - 25 September 1981
Astro agreed to sell their vessel Messianiaki Tomi
to Southland to be broken up. The purchase price was to be paid by a confirmed irrevocable letter of credit valid until 30 October 1980. The agreement, which was governed by English law and..
Online Published Date:
15 October 1981
Appeared in issue:
51 - 15 October 1981
BVS S.A. and other v. Kerman Shipping Co. S.A. (The Kerman) - Q.B.D. (Com.Ct.) (Parker J.) - 16 October 1981
Mr. Justice Parker, the Judge in charge of the Commercial List, has given his interpretation of how the Nema guidelines (see LMLN 45 - 23 July 1981) should be applied when deciding whether to give leave to appeal from an arbitration award under the..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
BVS S.A. and other v. Kerman Shipping Co. S.A. (The Kerman) (see above)
Having dealt with The Nema
guidelines, Parker J. went on to apply them to the facts of the case before him. The appellants had shipped 56 packages of pipe sections on board the vessel Kerman
owned by the respondents for carriage to Khorramshahr...
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Actis Co. Ltd. v. The Sanko Steamship Co. Ltd. (The Aquacharm) - Court of Appeal (Lord Denning M.R., Shaw and Griffiths L.JJ.) - 15 October 1981
In October 1971 the Aquacharm
was time-chartered by Sanko on the NYPE form to carry a cargo of coal from Baltimore to Tokyo. The charterers ordered her to load up to the draught “permissible by the Panama Canal Company of 39 ft. 6 ins...
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Portunus Navigation Co. Inc. of Liberia v. Avin Chartering S.A. of Panama (The World Prestige) - Q.B.D. (Com.Ct.) (Parker J.) -
29 September 1981
The applicants chartered the vessel World Prestige
from the respondent owners under a tanker voyage charterparty dated 1 June 1979. Two points arose. Clause 7 of the charter provided that if any cargo remained on board after..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Astro Valiente Compania Naviera S.A. v. Government of Pakistan Ministry of Food and Agriculture (The Emmanuel Colocotronis) - Q.B.D. (Com.Ct.) (Staughton J.) - 20 October 1981
The appellant Ministry were receivers of a cargo of wheat carried in the vessel Emmanuel Colocotronis
owned by the respondents. The cargo was shipped under a bill of lading which contained a clause listing excepted perils and then the wording:
Unto..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Kuhne & Nagel A.G. Zurich v. APA Distributors [1981] (3) S.A.I.R. (O’Donovan J.)
The plaintiff was a Swiss forwarding agent who issued proceedings in South Africa for the recovery of fees for arranging the shipment of a crane belonging to the defendant, a South African importer of engineering equipment. The claim arose out of a..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981