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Tarrant v Ramage and Ors (The “Salvital”) - QBD (Com Ct)(Clarke J) - 21 July 1997
On 13 November 1987 the tug Salvital
was struck by an Exocet missile in the Gulf. Two crew members were killed and four were injured, including the plaintiff. He sued (1) the Master of the tug, (2) the tugowners and (3) the company which employed..
Online Published Date:
13 September 1997
Appeared in issue:
466 - 13 September 1997
Union Carbide Corporation and Ors v Fednav Ltd (The “Hudson Bay”) - Federal Court (Trial Div)(Nadon J) - 20 May 1997
The plaintiff cargo consignees sued the defendant time-charterers for breach of contract or in tort for loss and damage to the cargo. The cargo had been shipped onboard the vessel Hudson Bay
. The consignees had purchased their respective cargoes..
Online Published Date:
13 September 1997
Appeared in issue:
466 - 13 September 1997
Jian Sheng Co Ltd v Great Tempo SA and Ors (The “Trans Aspiration”) - Federal Court (Trial Div)(Tremblay-Lamer J) - 4 June 1997
The plaintiff was the consignee of a cargo of lumber, part of which had been lost overboard during carriage from Canada to Taiwan. The carriage had been booked with the defendant Sinotrans Canada Inc (“Sinotrans”). Under the terms of the..
Online Published Date:
13 September 1997
Appeared in issue:
466 - 13 September 1997
London Arbitration 16/97
The vessel was chartered on the Gencon form. The charterers disputed the shipowners’ claim for demurrage. Unusually, the only exceptions provided for in the charter form were Sundays and holidays (at loading) and Fridays and holidays (at..
Online Published Date:
13 September 1997
Appeared in issue:
466 - 13 September 1997
Poole Harbour Yacht Club Marina Ltd v Excess Insurance Company Ltd and Ors (The “Sigrid of Chelsea”) - QBD (Com Ct)(Thomas J) - 13 June 1997
The plaintiff boatyard agreed to refurbish the yacht Sigrid of Chelsea
. The plaintiff sub-contracted part of the work related to the engines. The yacht owners subsequently claimed that the work done on the engines was inadequate and declined to pay..
Online Published Date:
13 September 1997
Appeared in issue:
466 - 13 September 1997
Vosnoc Ltd v Transglobal Projects Ltd - QBD (Com Ct)(Judge Raymond Jack QC) - 23 July 1997
The plaintiffs entered into a written contract with the defendant for the shipment of pipes. It was an express term of the contract that disputes were to be referred to three arbitrators, to be appointed by each of the parties and the third by the..
Online Published Date:
27 September 1997
Appeared in issue:
467 - 27 September 1997
Seanav International Ltd v Glencore International AG - Court of Appeal (Astwood P, Huggins and Zacca JJA) - 25 June 1997
The plaintiff carrier agreed to carry goods from Rio de Janeiro to Texas. The bill of lading contained an exclusive jurisdiction clause providing that any dispute arising under the bill of lading should be decided in the country where the carrier..
Online Published Date:
27 September 1997
Appeared in issue:
467 - 27 September 1997
Belgo Nineira Comercial Exportadora SA and Ors v Hadley Shipping Co Ltd and Ors (The “Clymene”) - Federal Court (Trial Div)(Hargrave P) - 14 May 1997
In September 1994 the plaintiffs issued a statement of claim against a wrong-doing vessel, the Cerinthus
, and three sister ships (Clare, Clymene and Continga
). The statement of claim was renewed ex parte
on three occasions. The Clymene
had been..
Online Published Date:
27 September 1997
Appeared in issue:
467 - 27 September 1997
Gleason v The Ship “Dawn Light” and Anr - Federal Court (Trial Div)(Lutfy J) - 9 May 1997
The plaintiff claimed to have entered into a binding agreement of purchase of the ship Dawn Light
from the second defendant. The second defendant alleged that there was no acceptance of her counter-offer, and that she was therefore free to sell the..
Online Published Date:
27 September 1997
Appeared in issue:
467 - 27 September 1997
Me Thierry Van Doosselaere v Unispeed Group Inc and Anr (The “Lipno”) - Federal Court (Trial Div)(Rouleau J) - 27 January 1997
The plaintiff (suing through its trustee in bankruptcy) was an international freight forwarder. It booked space with the defendant Unispeed Group Inc (“Unispeed”) for the transportation of a cargo of 1486 metric tons/2314 cubic metres of..
Online Published Date:
27 September 1997
Appeared in issue:
467 - 27 September 1997
Insurance Company of North America v Blue Star (North America) Ltd and Ors (The “Columbia Star”) - US District Ct (SDNY)(Sweet DJ) - 19 June 1997
The plaintiff shippers (suing through their subrogee insurance company) sought damages from the defendants for a cargo loss. The defendants moved for partial summary judgment declaring that their liability to the plaintiff was limited by COGSA. The..
Online Published Date:
27 September 1997
Appeared in issue:
467 - 27 September 1997
London arbitration delivers swift result
Readers may be interested to note how London arbitration procedures were recently utilised to resolve a charterparty dispute in double-quick time with the co-operation of the parties.
A problem arose under a voyage charter as to whether discharging..
Online Published Date:
27 September 1997
Appeared in issue:
467 - 27 September 1997