i-law

Lloyd's Maritime Law Newsletter

Royal Bank of Scotland plc v FAL Oil Co Ltd and Ors (The “Sea Lion” and “Sharjah Pride”) – QBD (Com Ct)(Gloster J) – 20 November 2012
Practice – Worldwide freezing injunctions and disclosure orders granted in support of foreign substantive proceedings – Whether orders should be continued
Online Published Date:  13 December 2012
Appeared in issue:  862 - 07 December 2012
Yilport Konteyner Terminali Ve Liman Isletmeleri AS v Buxcliff KG and Ors (The “CMA CGM Verlaine”) – QBD (Com Ct)(Colin Edelman QC sitting as a Deputy Judge of the High Court) – 21 November 2012
Contract – Port operator agreeing to discharge damaged containers against letter of undertaking – Whether port operator entitled to charge uplift on basic tariff – Whether determination of charges only challengeable on basis of “Wednesbury” unreasonableness – Whether claimant required to provide detailed vouching of expenditure
Online Published Date:  13 December 2012
Appeared in issue:  862 - 07 December 2012
Occidental Chartering Inc v Progress Bulk Carriers Ltd (The “Chada Naree”) – QBD (Com Ct) (Cooke J) – 6 December 2012
Arbitration – Award – String of charters including internal charter between companies in same group – Disponent owners bringing separate sets of arbitrations against charterers for breach of safe port warranty – No arbitration brought under internal charter – Whether successful disponent owners entitled to recover costs of head arbitration notwithstanding absence of arbitration under internal charter
Online Published Date:  13 December 2012
Appeared in issue:  862 - 07 December 2012
Greatship (India) Ltd v Oceanografia SA de CV (The “Greatship Dhriti”) – QBD (Com Ct)(Gloster J) – 5 December 2012
Charterparty – Suspension of vessel for non-payment of hire – Whether owners required to give notice of intention to exercise right to suspend – Supplytime 1989 form
Online Published Date:  13 December 2012
Appeared in issue:  862 - 07 December 2012
Moondance Maritime Enterprise SA v Carbofer Maritime Trading APS (The “Moondance II”) – QBD (Com Ct) (Field J) – 14 December 2012
Practice – Security for costs – Whether successful party to arbitration entitled to security for costs in respect of favourable costs award pending section 68 challenge by losing party – Whether successful party entitled to security for costs in respect of section 68 challenge – Whether losing party entitled to rely on equitable cross-claim on basis that it was successful party in a subsequent arbitration
Online Published Date:  20 December 2012
Appeared in issue:  863 - 20 December 2012
Dalmare SpA v Union Maritime Ltd and Anr (The “Union Power”) – QBD (Com Ct) (Flaux J) – 13 December 2012
Sale of ship – Norwegian Saleform 1993 – Whether term as to satisfactory quality to be implied by section 14 of Sale of Goods Act 1979
Online Published Date:  20 December 2012
Appeared in issue:  863 - 20 December 2012
Sealion Shipping Ltd and Another v Valiant Insurance Co (The “Toisa Pisces”) – Court of Appeal (Pill, Tomlinson and Gross LJJ) – 14 December 2012
Marine insurance – Loss of Hire cover – Vessel suffering loss of hire following three breakdowns of thruster motors - Whether first breakdown caused all subsequent losses – Whether break in chain of causation – Whether one breakdown or three breakdowns for purposes of deductible
Online Published Date:  20 December 2012
Appeared in issue:  863 - 20 December 2012
Minerva Navigation Inc v Oceana Shipping AG (The "Athena") - QBD (Com Ct) (Walker J) - 13 December 2012
Charterparty - Off-hire - Clause 15 of NYPE form - Whether vessel off-hire during period of drifting - Whether sufficient for charterers to establish net loss of time as regards service immediately required or whether necessary to go on to establish that time was in fact lost to the chartered service
Online Published Date:  20 December 2012
Appeared in issue:  863 - 20 December 2012

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