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The Morviken - Court of Appeal (Lord Denning M.R. Ackner L.J. and Sir Sebag Shaw) - 13 January 1982
In March 1978 an asphalt road-finishing machine was shipped on board a Dutch vessel at Leith for carriage to Bonaire in the Dutch Antilles. The machine was transhipped in Holland to the Norwegian vessel Morviken
for on-carriage to Bonaire. As the..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982
Tropwood v. Jade Enterprises Ltd. (The Tropwind) - Court of Appeal (Lord Denning M.R., Dunn and Fox L.JJ.) - 18 December 1981
The Tropwind
was time-chartered to Jade Enterprises for 12 months from 8 January 1973 to 8 January 1974. The charter hire was $3.70 per ton. During the period of the charter the market rate rose to $8.50 per ton. On 14 December 1973 the shipowners..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982
Ailsa Craig Fishing Co. Ltd. v. Malvern Fishing Co. Ltd. and ors. (The Strathallan) - House of Lords (Lords Wilberforce, Elwyn-Jones, Salmon, Fraser of Tullybelton and Lowry) - 26 November 1981
The issue before the House was whether the respondents (“Securicor”) had succeeded in limiting their liability under a contract between themselves and the Aberdeen Fishing Vessel Owners’ Association Ltd. who had acted on behalf of..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982
Federal Commerce & Navigation Ltd. v. Xcan Grain (Europe) Ltd. (The Ratna Vandana) - Q.B.D. (Com.Ct.) (Webster J.) - 6 October 1981
This was an application under section 27 of the Arbitration Act 1950 to extend the time for appointing an arbitrator. The plaintiffs were time charterers of the vessel Ratna Vandana
and had sub-chartered her to the defendants. The terms of the..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982
The Coral I - Q.B.D. (Adm.Ct.) (Sheen J. with assessors) - 18 December 1981
This action arose out of a collision which occurred at 20 25 on 10 August 1977 between two large ships, one of which was at anchor in the Suez Bay Waiting Area at the northern end of the Gulf of Suez. At that time it was dark; there was no moon, and..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982
The Bamburi - Staughton J. (sitting as arbitrator) - Award published 13 January 1982
The Bamburi
was one of some 70 vessels trapped in the Shatt-al-Arab as a result of the Iran-Iraq war. The particular issue in the present arbitration was whether the Bamburi
was a constructive total loss by reason of an insured peril when the..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982
Riverport Seafoods Ltd. v. Insurance Co. of North America and ors. (The Kenney) - Fed.Ct. (Mahoney J.F.C.C.) - 1 October 1981
The plaintiffs’ fishing trawler Kenney
was insured by the defendant underwriters. In May 1975 the Kenney
filled with seawater and sank alongside a wharf at Riverport, Nov Scotia. The weather was fair and the water calm. There was no unusual..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982
Piper Aircraft Co. v. Gaynell Reyno and ors.; Hartzell Propeller Inc. v. Same - Supreme Court - 8 December 1981
In July 1976 a Piper Aztec aircraft registered in Great Britain and operated by a Scottish air taxi service crashed in the Scottish highlands during the course of a charter flight from Blackpool to Perth. The pilot and five passengers were killed..
Online Published Date:
21 January 1982
Appeared in issue:
58 - 21 January 1982