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Glencore Energy UK Ltd v NIS J S C Novi Sad [2023] EWHC 370 (Comm) - King's Bench Division, Commercial Court (Sean O'Sullivan KC, sitting as a Deputy High Court Judge) - 23 February 2023
Online Published Date : 02 March 2023 | Appeared in issue: 1128 - 02 March 2023
Shipping - Delivery of defective cargo - Settlement agreement - Construction of terms as to responsibility for storage costs - Obligation to negotiate in good faith
Lloyd's Maritime Law Newsletter
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Briggs Marine Contractors Ltd v Bakkafrost Scotland Ltd [2023] ScotCS CSOH_6 - Court of Session, Outer House (Lord Braid) - 2 February 2023
Online Published Date : 02 March 2023 | Appeared in issue: 1128 - 02 March 2023
Arbitration - Separability - Contracts - Frustration - Oral agreement or oral variation to existing contract - Fixed Wreck Contract - Dispute arising out of or in connection with wreck removal contract - One-stop presumption
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Ixom Operations Pty Ltd v Blue One Shipping SA and Others (The CS Onsan) - [2022] FCA 1101, Federal Court of Australia (Burley J), 19 September 2022
Online Published Date : 02 March 2023 | Appeared in issue: 1128 - 02 March 2023
Contract (bill of lading) - Time bar - Extension of time - Bill of lading consignee obtaining time bar extension from "owner" - Litigation commenced against registered owner within time - Demise charterer joined out of time - Registered owner's defence that it was not a party to the contract of carriage - Demise charterer's time bar defence - Estoppel - Carriage of Goods by Sea Act 1991 (Cth), section 8 and schedule 1A - Hague-Visby Rules, articles 1 and 3 - Competition and Consumer Act 2010 (Cth)
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Sun Vessel Global Ltd v HQ Aviation Ltd and Another, BVIHCMAP2022/0017 - Eastern Caribbean Supreme Court, Court of Appeal, Territory of the Virgin Islands, (Mario Michel, Godfrey Smith SC and Anthony Gonsalves KC JJA) - 9 January 2023
Online Published Date : 02 March 2023 | Appeared in issue: 1128 - 02 March 2023
Admiralty - Limitation - Interest - Costs - Convention on the Limitation of Liability for Maritime Claims 1976, article 11 - BVI Merchant Shipping Act 2001, section 404
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Bank of New Zealand (Security Trustee) v The Vessel MY "Island Escape" - [2022] FCA 1230, Federal Court of Australia (Feutrill J), 17 October 2022
Online Published Date : 02 March 2023 | Appeared in issue: 1128 - 02 March 2023
Admiralty - Sale of ship - Cruise vessel - Application for judicial sale of ship pendente lite without valuation - No appearance by defendant - Caveats against release - Orders made for judicial sale with provision for valuation - Form of undertaking under rule 69 of the Admiralty Rules 1988 (Cth) - Method of sale to be determined by Admiralty Marshal - Admiralty Rules 1988 (Cth), rules 23, 23(1), 69, 69(4)
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London Arbitration 2/23
Online Published Date : 17 March 2023 | Appeared in issue: 1129 - 17 March 2023
Charterparty - Grounding - Whether discharge port unsafe due to incompetence of pilot or tug masters - Whether vessel unseaworthy for inadequate passage plan - Negligent navigation
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FMG Hong Kong Shipping Ltd, the Demise Charterers of FMG Sydney v Owners of the MSC Apollo [2023] EWHC 328 (Admlty) - (Sir Nigel Teare sitting with Captain Nigel Hope and Commodore William Walworth, Elder Brethren of Trinity House) - 17 February 2023
Online Published Date : 17 March 2023 | Appeared in issue: 1129 - 17 March 2023
Collision - Respective fault of the vessels - Crossing rule - Use of VHF - Collision Regulations, rules 14, 15, 16 and 17