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DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The Newcastle Express) - [2022] EWCA Civ 1555, Court of Appeal (Lord Justice Males, Lord Justice Birss and Lord Justice Snowden - 24 November 2022
Charterparty - Whether agreement concluded - Arbitration - Jurisdiction - Separability - Error of law - Arbitration Act 1996, sections 7, 67 and 69
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023
Arnold v Halcyon Yachts Ltd - [2022] EWHC 2858 (Admlty), King's Bench Division, Admiralty Court (Mr Admiralty Registrar Davison) - 18 November 2022
Contract for delivery of yacht - Voyage not completed - Damage suffered by yacht - Whether curtailing voyage was the fault of the delivery company - Pre-existing defects - Supply of Goods and Services Act 1982 - Bailment
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023
Viva Energy Australia Pty Ltd v MT AG Neptune (No 2) - [2022] FCA 533, Federal Court of Australia (Justice Stewart), 10 May 2022
Admiralty - Arrest - Ship ordered to sail under arrest to Gladstone - Application to amend orders - Vessel unable to safely reach Gladstone via route within the territorial sea - Marshal's custody of the vessel - Owners' undertaking that no point about the validity of the arrest would be taken - Admiralty Act 1988 (Cth), section 22
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023
MV Pacific Pearl Co Ltd v NYK Orpheus Corporation and Another - [2022] EWHC 2828 (Admlty), KBD (Admlty Ct) (Mr Justice Andrew Baker, sitting with Captain Roger Barker and Captain Aseem Hashmi, nautical assessors from Trinity House) - 11 November 2022
Admiralty - Collision - Rules of the sea - Apportionment of liability - Merchant Shipping Act 1995, section 187
Online Published Date:
20 January 2023
Appeared in issue:
1125 - 20 January 2023