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Peracomo Inc and Others v Societe Telus Communications and Others (The "Realice") - Federal Court of Appeal (Letourneau, Gauthier and Trudel JJA) - 29 June 2012
Limitation of liability - Conduct barring limitation - Fishing vessel's gear getting hooked on submarine fibre optic cable - Master of fishing vessel cutting submarine cable to release gear - Owners of cable bringing proceedings in personam and in rem - Whether defendants liable - Whether defendants precluded from limiting liability - Whether underwriters entitled to deny coverage
Online Published Date:
07 February 2013
Appeared in issue:
866 - 08 February 2013
Lozman v City of Riviera Beach, Florida – Supreme Court (Roberts CJ, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor and Kagan JJ) – 15 January 2013
Admiralty
jurisdiction – Floating home – Whether a “vessel”
Online Published Date:
07 February 2013
Appeared in issue:
866 - 08 February 2013
Royal & Sun Alliance Insurance plc v Service Transfer Inc – US District Court (SDNY) (Denise Cote DJ) – 4 December 2012
Carriage of goods – Intermodal carriage of goods from Kentucky to Vienna by road and sea – Carrier sub-contracting domestic leg to US road carrier – Goods destroyed during domestic carriage – Shipper’s subrogee bringing action against road carrier – Whether COGSA or Carmack Amendment applied – Whether road carrier acted as “receiving carrier” under Carmack Amendment
Online Published Date:
07 February 2013
Appeared in issue:
866 - 08 February 2013
NYK Bulkship (Atlantic) NV v Cargill International SA (The “Global Santosh”) – QBD (Comm Ct) (Field J) [2013] EWHC 30 (Comm) – 1 February 2013
Charterparty
– Off-hire – Vessel detained by court order at discharge port – Order procured
by C&F seller to secure demurrage claim against cargo receivers – Whether sellers
and/or receivers “agents” of charterers – Whether vessel off-hire
Online Published Date:
07 February 2013
Appeared in issue:
866 - 08 February 2013