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Lloyd's Maritime Law Newsletter

Islamic Investment Co 1 SA v Transorient Shipping Ltd (The “Nour”) - QBD (Com Ct)(Tuckey J) - 31 July 1996

Practice - Shipowners obtaining judgment against time charterers for losses incurred in complying with charterers’ orders - Shipowners facing undetermined claims by cargo interests in foreign proceedings - Whether shipowners entitled to declaration that time charterers should indemnify them against such claims

The plaintiff owners time chartered their vessel Nour to the defendants, who voyaged chartered it to the third party for carriage of a cargo of bagged Peruvian fish meal from Peru to Taiwan. At the second discharge port the cargo was found to be smoking, after which heating/fire in the cargo continued to cause problems until it was finally discharged.

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