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Maersk A/S v Mercuria Energy Trading SA – QBD (Comm Ct) (HHJ Pelling QC sitting as a Judge of the High Court) [2021] EWHC 2856 (Comm) – 11 October 2021
Practice – Anti-suit injunction – Contracts of carriage of copper ingots containing exclusive English jurisdiction clause and one-year time bar – Cargo owners bringing proceedings in Turkey against carriers and others – Carrier applying for anti-suit injunction – Whether injunction should be refused on grounds of delay or of prejudice to cargo owners by reason of time-bar
Online Published Date:
03 December 2021
Appeared in issue:
1096 - 03 December 2021
K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “Eternal Bliss”) – Court of Appeal (Sir Geoffrey Vos, MR, Newey and Males LJJ) [2021] EWCA Civ 1712 – 18 November 2021
Charterparty – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage – Receivers bringing cargo claim against owners resulting from delay – Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners
Online Published Date:
03 December 2021
Appeared in issue:
1096 - 03 December 2021
M/V Pacific Pearl Co Ltd v Osios David Shipping Inc – QBD (Comm Ct) (Sir Nigel Teare sitting as a Judge of the High Court) [2021] EWHC 2808 (Comm) – 21 October 2021
Admiralty – Collision action – Collision jurisdiction agreement – Each shipowner to provide security “in a form reasonably satisfactory to the other” – Whether letter of undertaking containing sanctions clause was in a form “reasonably satisfactory” to the other – Whether shipowner contractually obliged to accept letter of undertaking in “reasonably satisfactory” form
Online Published Date:
03 December 2021
Appeared in issue:
1096 - 03 December 2021
River Countess BV and Others v MSC Cruise Management (UK) Ltd (The “MSC Opera”) – QBD (Comm Ct) (Andrew Baker J) [2021] EWHC 2652 (Admlty) – 4 October 2021
Admiralty – Collision action – Cruise liner colliding with smaller vessel in Venice – Cruise liner wholly liable for collision – Claimants bringing proceedings against cruise line operator claiming damages under various heads – Italian law applying to claims – Preliminary issue determined as to whether claims for non-physical loss recoverable from defendant
Online Published Date:
03 December 2021
Appeared in issue:
1096 - 03 December 2021