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AI Georgis Oil Trading Ltd v AG Shipping & Energy Pte Ltd (The “Marquessa”) – QBD (Comm Ct) (Henshaw J) [2021] EWHC 2319 (Comm) – 17 August 2021
Charterparty – Charterers failing to pay hire promptly – Owners treating charterers’ conduct as repudiatory – Owners claiming accrued hire up to termination of charter and for damages for charterers’ breach – Summary judgment
Online Published Date:
10 September 2021
Appeared in issue:
1090 - 10 September 2021
Perfect Best Asset Management Inc v ADL Express Ltd – High Court (Court of First Instance) (Deputy High Court Judge Whitehead SC) [2021] HKCFI 2310 – 13 August 2021
Carriage of goods – Combined transport – Defendant arranging for combined transport of computer accessories from Hong Kong to Finland – Cargo delivered without production of original bills of lading – Cargoes ultimately delivered to shipper’s end buyer – Whether defendant in breach of contract – Whether shipper suffered loss
Online Published Date:
10 September 2021
Appeared in issue:
1090 - 10 September 2021
Warner v Scapa Flow Charters (No 2) – Court of Session (Outer House) (Lord Sandison) [2021] CSOH 92 – 3 September 2021
Carriage of passengers – Recreational diver falling on deck of dive support boat and subsequently dying after diving from boat – Widow bringing action for damages – Whether boat operator liable under Athens Convention, article 3(1) – Whether defect in boat – Whether fault or neglect by operator
Online Published Date:
10 September 2021
Appeared in issue:
1090 - 10 September 2021
The “Luna” – Court of Appeal (Judith Prakash and Steven Chong JJCA and Quentin Loh JAD) [2021] SGCA 84 – 20 August 2021
Carriage of goods by sea – Bills of lading – Whether documents of title or mere receipts
Online Published Date:
10 September 2021
Appeared in issue:
1090 - 10 September 2021
Karpik v Carnival plc (The “Ruby Princess”) – Federal Ct of Australia (Stewart J) [2021] FCA 1082 – 10 September 2021
Conflict of laws – Representative proceedings – Cruise ship affected by outbreak of Covid-19 – Proceedings brought on behalf of US and UK passengers – Cruise ship operators applying for stay of proceedings in reliance on exclusive jurisdiction and class action waiver clauses in terms and conditions – Whether clauses incorporated into passage contracts – Whether Australia clearly inappropriate forum – Whether stay should be granted
Online Published Date:
27 September 2021
Appeared in issue:
1091 - 27 September 2021
London Arbitration 20/21
Charterparty – Nomination of discharge port – Charterers nominating discharge port but subsequently nominating different port – Whether subsequent nomination breach of charter – Vessel proceeding to subsequently nominated port – Whether owners entitled to freight for carriage to originally nominated port – Whether charter varied – Estoppel – Waiver – Unjust enrichment
Online Published Date:
27 September 2021
Appeared in issue:
1091 - 27 September 2021