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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
Farenco Shipping Co Ltd v Farenco Shipping Pte Ltd and Others – US District Court (ED Louisiana) (Jay C Zainey DJ) – 15 November 2012
Admiralty jurisdiction – Foreign law fraudulent transfer claims – Plaintiff claiming defendant forced plaintiff to break forward freight agreements – Plaintiff arresting vessel alleged to have been purchased with fraudulently transferred funds – Whether claim fell within admiralty jurisdiction – Whether plaintiff entitled to rely on Louisiana non-resident attachment statute
Online Published Date:
21 February 2013
Appeared in issue:
867 - 22 February 2013
First Investment Corporation of the Marshall Islands v Fujian Mawei Shipbuilding Ltd and Others – US Court of Appeals (5th Circuit) (Stewart CJ, King and Owen Ct JJ) – 21 December 2012
Practice – Enforcement of foreign arbitration award – Petition brought against Chinese companies and People’s Republic of China – Whether court had personal and subject matter jurisdiction over respondents
Online Published Date:
21 February 2013
Appeared in issue:
867 - 22 February 2013
Westwood Shipping Lines Inc and Another v Universal Schiffahrtsgesellschaft mbH and Another – QBD (Comm Ct) (Flaux J) [2012] EWHC 3837 (Comm) – 11 December 2012
Practice – Disclosure - Documentation produced in confidential arbitration – Whether claimants entitled to rely on documentation in support of proposed Commercial Court claim for unlawful conspiracy - Whether confidentiality waived – Whether disclosure necessary in interests of justice
Online Published Date:
21 February 2013
Appeared in issue:
867 - 22 February 2013
Moore v British Waterways Board – Court of Appeal (Mummery, Jackson and Lewison LJJ) [2013] EWCA Civ 73 – 14 February 2013
Canals – Vessels permanently moored on stretch of canal subject to public right of navigation – Vessels used as residential homes – Whether vessels moored “without lawful authority” – Whether notices served by statutory navigational authority invalid
Online Published Date:
21 February 2013
Appeared in issue:
867 - 22 February 2013
Aioi Nissay Dowa Insurance Co Ltd (formerly The Chiyoda Fire and Marine Insurance Company Ltd) v Heraldglen Ltd and Another – QBD (Comm Ct) (Field J) [2013] EWHC 154 (Comm) – 8 February 2013
Aviation insurance – Reinsurance – Retrocession – Losses arising out of 9/11 terrorist attacks on Twin Towers – Whether losses arising out of two events or one event
Online Published Date:
21 February 2013
Appeared in issue:
867 - 22 February 2013
Fireman’s Fund Insurance Co and Others v Great American Insurance Co and Others – US District Ct (SDNY) (J Paul Oetken DJ) – 25 January 2013
Admiralty jurisdiction – Drydock sinking at berth – Insurers of drydock bringing claims against other insurers – Whether disputes involved maritime insurance – Whether drydock a “vessel”
Online Published Date:
21 February 2013
Appeared in issue:
867 - 22 February 2013