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Caspian Basin Specialised Emergency Salvage Administration v. Bouygues Offshore SA - Court of Appeal (Evans and Mummery LJJ and Sir John Knox) - 24 July 1998
The barge BOS 400 was being towed by the tug Tigr
from the Congo to Cape Town pursuant to a charter which was subject to English law and jurisdiction on Towcom terms. On 26 June 1994 in stormy weather the barge was lost while under tow.
The owners..
Online Published Date:
01 September 1998
Appeared in issue:
491 - 01 September 1998
Martin Maritime Ltd v. Provident Capital Indemnity Fund Ltd (The ‘Lydia Flag’) - QBD (Com Ct)(Moore-Bick J) - 30 January 1998
The vessel Lydia Flag
was insured by the defendants. The plaintiff shipowners sought to recover under the insurance policy for the loss of its rudder at Abidjan in August 1996. It was common ground that the loss of the rudder was caused as a result..
Online Published Date:
01 September 1998
Appeared in issue:
491 - 01 September 1998
Fraser Shipyard and Industrial Centre Ltd v. Expedient Maritime Co Ltd (The ‘Atlantis Two’) - 27 May 1998
On 25 May 1998 the Court ordered the vessel Atlantis Two
to be appraised and sold. Counsel for interested parties had produced a draft of the Order and of the Commission for Appraisal and Sale.
Held
, that counsel had wanted interested parties to..
Online Published Date:
01 September 1998
Appeared in issue:
491 - 01 September 1998
Logunov and Ors v. The Owners of the ship ‘Sheduva’ - Federal Court (Trial Div)(Muldoon J) - 24 April 1998
The plaintiffs were the Master, officers and crew of the vessel Sheduva.
They brought a motion applying for a review of the taxation of the Marshal’s costs and, in particular, for an order denying the payment of the Marshal’s commission..
Online Published Date:
01 September 1998
Appeared in issue:
491 - 01 September 1998
Servicios-Expoarma CA and Anr v. Industrial Maritime Carriers Inc - US Court of Appeals (5th Circuit)(Magill, Smith and De Moss Ct JJ) - 25 February 1998
In 1992 Venezuelan buyers bought US$1,360,001 worth of pre-fabricated steel building materials from sellers in the United States. The buyers, through their Venezuelan customs broker (‘the shippers’), arranged for the materials to be..
Online Published Date:
01 September 1998
Appeared in issue:
491 - 01 September 1998
Ranko Group v Antarctic Maritime SA (The “Robin”) - QBD (Com Ct)(Toulson J) - 12 June 1998
In January 1997 three different companies instructed the same firm of Dutch brokers in relation to the export of frozen meat from Holland to Egypt. The companies were referred to as “Ranko” (an Isle of Man company), “Verbist”..
Online Published Date:
15 September 1998
Appeared in issue:
492 - 15 September 1998
Time charter terminated after owners’ acceptance of repudiatory breach - Whether owners entitled to claim whole of instalment of hire due for period during which charter terminated
Damages for repudiatory breach of charterparty - Nature of charterers’ contractual obligations in relation to performance of charterparty
London 18/98
The vessel was chartered on an amended NYPE form for “one Time Charter trip via..
Online Published Date:
15 September 1998
Appeared in issue:
492 - 15 September 1998
Contract of Affreightment - Whether owners entitled to damages for detention
London Arbitration 19/98
The vessel was chartered to the charterers by the owners for a Contract of Affreightment based upon an amended BPVOY 3 charterparty for consecutive voyages. The fixture recap provided:
“72 TTL HRS..
Online Published Date:
15 September 1998
Appeared in issue:
492 - 15 September 1998
Borealis AB v Stargas Ltd (The ‘Burge Sisar’ - Court of Appeal (Millett and Schiemann LJJ and Sir Brian Neill) - 30 July 1998
The plaintiff buyers agreed to buy a quantity of propane from the defendant sellers. The propane was loaded on board the vessel Berge Sisar
, which had been chartered to the sellers on the Asbatankvoy form. The sellers had purchased the cargo in..
Online Published Date:
29 September 1998
Appeared in issue:
493 - 29 September 1998
Regina v Carrick District Council, Ex parte Prankerd (The ‘Winnie Rigg’) - QBD (Lightman J) - 24 July 1998
The respondent harbour authority distrained upon the appellant’s yacht Winnie Rigg
for arrears in payment of mooring fees. The appellant applied for judicial review of the Council’s decision to distrain, seeking a declaration that the..
Online Published Date:
29 September 1998
Appeared in issue:
493 - 29 September 1998
Ocean King Maritime Ltd v Den Norske Bank ASA (The ‘Ocean King’) - High Court (Cape of Good Hope Provincial Division)(Tebbutt J) - 2 July 1998
The applicant purchased the vessel Ocean King
with the assistance of a loan of US$5.8 million from the respondent bank. The applicant subsequently executed a second priority mortgage over the Ocean King
and a deed of covenant, collateral to the..
Online Published Date:
29 September 1998
Appeared in issue:
493 - 29 September 1998
London Arbitration 20/98
The vessel was chartered on the Asbatankvoy form. Clause 6 provided that ‘[U]pon arrival at customary anchorage … the Master … shall give the charterer … notice … that the vessel is ready to load or discharge cargo,..
Online Published Date:
29 September 1998
Appeared in issue:
493 - 29 September 1998
London Arbitration 21/98
The vessel was chartered on the Asbatankvoy form. Clause 11 contained a time bar for claims set at 90 days from completion of discharge. The charterparty provided that a claim would not be time-barred if it were advanced in time ‘with all..
Online Published Date:
29 September 1998
Appeared in issue:
493 - 29 September 1998