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J.J. Lloyd Instruments Ltd. v. Northern Star Insurance Co. Ltd. (The Miss Jay Jay) - Q.B.D. (Com.Ct.) (Mustill J.) - 29 November 1984
The motor yacht Miss Jay Jay
was a vessel of the “Marauder” class. Above a certain speed, she would plane along the surface of the water, rather than forcing through it, as in the case of an ordinary displacement hull. The hull..
Online Published Date:
06 December 1984
Appeared in issue:
133 - 06 December 1984
Alduous v. Lake & Ors. (The Lord Sam) - Divisional Court (Robert Goff L.J. and Glidewell J.) - 29 November 1984
The Boston Deeps Fishery and the Lynn Deeps Fishery are two fisheries in the Wash where fishermen go to collect shellfish, especially mussels. The collection of shellfish is controlled by Act of Parliament and statutory instrument to protect the..
Online Published Date:
06 December 1984
Appeared in issue:
133 - 06 December 1984
Zygos Corporation v. Salen Rederierna AB (The Zygos) - 1984 (4) S.A. (C.P.D.)
Salen arrested the vessel Zygos
. The arrest was brought pursuant to an action in rem
for the enforcement of an arbitral award made in London on 14 February 1983 (Interim Award No. 3) whereby Antaios Compania Naviera was ordered to pay U.S.$108,327..
Online Published Date:
06 December 1984
Appeared in issue:
133 - 06 December 1984
The Southern Sun - U.S. District Ct. (East Dist. Pennsylvania) (Shapiro J.) - 19 September 1984
The vessel Southern Sun
arrived at the port of Es Zueitina, Libya, to load a cargo of Libyan crude oil. The tanker terminal at Es Zueitina was operated and partially owned by Occidental of Libya Inc. Prior to berthing, a letter headed “Tanker..
Online Published Date:
06 December 1984
Appeared in issue:
133 - 06 December 1984
27/84
The charterparty was on the Baltime form. Typed clause 39, which was concerned with the parties’ respective Club entries, concluded: “1970 Inter Club Agreement to form full part of this clause.”
Typed clause 68 read:
C1 68. Inter..
Online Published Date:
06 December 1984
Appeared in issue:
133 - 06 December 1984
28/84
The vessel was chartered under the Baltime form. Various cargo claims were brought against the shipowners by cargo interests under bills of lading. Discharging had taken place in December 1980. The shipowners appointed arbitrators under the..
Online Published Date:
06 December 1984
Appeared in issue:
133 - 06 December 1984
Gatoil International Inc. v. Arkwright-Boston Manufacturers Mutual Insurance Co. & Ors. (The Sandrina) - House of Lords (Scotland) (Lord Fraser, Lord Scarman, Lord Wilberforce, Lord Keith and Lord Roskill - 13 December 1984
This important decision has clarified certain aspects of Admiralty jurisdiction in rem
in the United Kingdom. By way of introduction, it should be noted that the Supreme Court Act 1981 does not apply to Scotland. Admiralty jurisdiction in Scotland..
Online Published Date:
20 December 1984
Appeared in issue:
134 - 20 December 1984
Damon Compania Naviera S.A. v. Hapag-Lloyd International S.A. (The Blankenstein, Bartenstein and Birkenstein) - Court of Appeal (Stephenson, Fox and Robert Goff L.JJ.) - 1 November 1984
On 8 July 1977 the buyers concluded by telex an agreement with the sellers to purchase three vessels for $2,365,000. The agreement incorporated the terms of the Norwegian Saleform Memorandum of Agreement. The MOA itself was sent to the buyers on 15..
Online Published Date:
20 December 1984
Appeared in issue:
134 - 20 December 1984
Kaukomarkkinat O/Y v. Elbe Transport Union G.m.b.H. (The Kelo) - Q.B.D. (Com.Ct.) (Staughton J.) - 4 October 1984
A quantity of sunflower seeds in bulk was sold by T. to UDL G.m.b.H. c.i.f. Hamburg. The goods were loaded on the vessel Kelo
at Duluth, and a bill of lading issued. E. were appointed charterers’ agents under the charterparty at the port of..
Online Published Date:
20 December 1984
Appeared in issue:
134 - 20 December 1984
P & O Oil Trading Ltd. v. Scanoil A.B. (The Orient Prince) - Q.B.D. (Com.Ct.) (Webster J.) - 20 November 1984
The issue in this case was the interpretation of the delivery terms in two sale contracts. One term provided:
Feb 15/March 15 is one lot CIF basis Rotterdam. Buyer has charter-party options at charter-party rates for 1/2 safe port(s)/berth(s) Le..
Online Published Date:
20 December 1984
Appeared in issue:
134 - 20 December 1984
Planet Shipping Co. S.A. v. Société Anonyme Marocaine de L’Industrie de Raffinage (The Athenic) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 12 October 1984
A dispute arose out of a voyage charterparty relating to demurrage. The arbitration tribunal awarded to the shipowners various sums by way of demurrage. The award was made in a document which was signed by all three arbitrators. In fact, one of the..
Online Published Date:
20 December 1984
Appeared in issue:
134 - 20 December 1984
Leigh & Sillivan Ltd. v. Aliakmon Shipping Co. Ltd. (The Aliakmon) - Court of Appeal (Sir John Donaldson M.R., Oliver and Robert Goff L.JJ.) - 7 December 1984
The plaintiffs had agreed to buy a cargo of steel from sellers on c. & f. terms. The cargo was allegedly damaged whilst being carried in the defendants’ vessel Aliakmon
. At the relevant time, the property in the cargo had not passed to..
Online Published Date:
20 December 1984
Appeared in issue:
134 - 20 December 1984
29/84
By a contract on the Gencon form owners agreed to provide tonnage to the claimant charterers. After the voyage, the owners presented a demurrage claim which the charterers settled. The owners’ claim showed laytime starting at 14 00 on 29..
Online Published Date:
20 December 1984
Appeared in issue:
134 - 20 December 1984