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Spinneys (1948) Ltd. & Ors. v. Royal Insurance Co. - Mr. Justice Mustill - Q.B. - Nov. 2, 1979
The plaintiffs owned and operated a large department and food store at Jnah in East Beirut, together with two smaller stores in Ras Beirut. On and shortly before January 22 1976, these three premises were looted, their contents removed and the..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
Mondial Trading Co. G.m.b.H. v. Gill & Duffus Zuckerhandelsgesellschaft m.b.H. - Mr. Justice Robert Goff - Q.B. (Com.Ct.) - Dec. 3, 1979
This was the second application before the Court for leave to appeal against an award of an arbitrator pursuant to s.1 of the Arbitration Act 1979. The applicants were the buyers of a quantity of sugar under a contract on the Refined Sugar..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
The Geestland - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Nov. 28, 1979
Following a successful salvage operation, the salvors were awarded DM. 350,000 in a Lloyd’s salvage arbitration. Solicitors acting for shipowners and cargo owners filed notice of appeal on behalf of the shipowners but not on behalf of the..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
The Helene Roth - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Dec. 7, 1979
The plaintiffs, a Canadian company, were ship chandlers. In 1977 they made disbursements for the ship Royal Clipper
as agents of, and for the account of, Joseph Roth (Cyprus) Shipping Co. Ltd. An action in rem against three ships owned by Joseph..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
The Valiant - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Dec. 7, 1979
On December 7, 1979 Mr. Justice Sheen gave his reasons for his order of Nov. 9 permitting the payment out of Court of the proceeds of sale of the ship Valiant
. Solicitors representing all parties interested in the proceeds had consented to that..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
Alpha Trading Ltd. v. Dunshaw-Patten Ltd. - Mr. Justice Mocatta - Q.B. (Com.Ct.) - Nov. 30, 1979
The plaintiffs claimed damages from the defendants in respect of commission for having introduced the defendants to purchasers.
Held
, that the plaintiffs would succeed. The defendants had been in breach of their contract with the purchasers and as..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
Wabco Trade Co., Division of World Standard Export, Ltd. v. S.S. Inger Skou and S.S. Amaryllis, GCC Shipping Co. Ltd. d/b/a Constellation Line and Constellation Navigation, Inc. - District Judge Sweet - United States District Court (SNY) - Oct. 25, 1979
Plaintiffs, Wabco, sued the charterer of a vessel and its agent for the loss of a cargo of four motor graders. The graders were to have been shipped to Lebanon but because of the unsettled conditions there Wabco instructed the charterers to keep..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
5/79
A dispute arose under a charter-party on the Exxonvoy form. By cl.6, delay, after notice of readiness had been given, was not to count as used laytime if it was caused for any reason over which the charterers had no control. Clause 8 provided that..
Online Published Date:
13 December 1979
Appeared in issue:
3 - 13 December 1979
Commonwealth Petrochemicals, Inc., and Flour Engineers and Constructors, Inc. v. S.S. Puerto Rico and Puerto Rico Maritime Shipping Authority and Leonard Brothers Trucking Co. - Circuit Judges Winter, Butzner and Phillips - U.S. Court of Appeals (4th. Circuit) - Sept. 19, 1979
A transformer was described as one package in a bill of lading which incorporated the provisions of COGSA and limited the carriers’ liability to U.S.$500 per package. The District Court had refused to give effect to the limitation provision..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
Elgie & Co. v. S.S.S.A. Nederburg - U.S. Court of Appeals (2nd Circuit) - June 11, 1979
The United States Court of Appeals for the Second Circuit refused to apply the $500 package limitation of COGSA to a crate of optical machinery conceded to have been lost before loading. The carrier was held liable for full damages on the basis of..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
S.M.A. Award No. 1370
- A charter-party in 1969 was agreed for full cargo scrap United States/Japan. The vessel loaded in January, 1970, and was lost at sea in February, 1970. The charterers paid 90% of the freight per charter-party and 1971 cargo receivers sued in the..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
The American Sioux - Lord Denning, M.R., Lord Justice Bridge and Sir David Cairns - C.A. - Dec. 12, 1979
The Court of Appeal have reversed the decision of Mr. Justice Sheen in The American Sioux
(See Issue No. 2). The shipowners were appealing against the decision, which found inter alia
, that s.27 of the Arbitration Act 1950 was not applicable to a..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
M/V Stoomv Maats “De Maas” v. Nippon Yusen Kaisha (The Pendrecht) - Mr. Justice Parker - Q.B. (Com.Ct.) - Dec. 6, 1979
An arbitration was commenced by owners claiming in respect of damage to their vessel on Jan. 9, 1971. The Baltime 1939 charter-party provided for arbitration in London, one arbitrator to be nominated by the owners and the other by the charterers,..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
Nereide S.p.A. di Navigazione v. Bulk Oil International Ltd. (The Laura Prima) - Mr. Justice Mocatta - Q.B. (Com.Ct.) - Dec. 10, 1979
Disputes arose as to the calculation of laytime under an Exxonvoy 1969 charter-party. The umpire in the arbitration had found that the sole cause of the delay to the ship getting into berth was unavailability due to the presence of other ships and..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979