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Scandinavian Trading Tanker Co. AB v. Flota Petrolera Ecuatoriana (The Scaptrade) - House of Lords (Lord Diplock, Lord Keith, Lord Scarman, Lord Roskill and Lord Bridge) - 30 June 1983
The House of Lords has now definitively stated that the High Court has no jurisdiction to grant relief against the exercise by a shipowner of his contractual right, under the withdrawal clause in a time charter, to withdraw the vessel from the..
Online Published Date:
07 July 1983
Appeared in issue:
96 - 07 July 1983
A. v. B., X. Ltd. intervening - Q.B.D. (Parker J.) - 19 May 1983
On 24 September 1982 the plaintiffs obtained a Mareva injunction against the defendant in the usual form covering all the defendant’s assets within the jurisdiction save to the extent that they exceeded $13.2 million. The plaintiffs also..
Online Published Date:
07 July 1983
Appeared in issue:
96 - 07 July 1983
The Popi M [See LMLN 93 - 26 May 1983 for summary of case]
After judgment had been delivered, the plaintiffs asked for interest on the sum awarded from 1 January 1979, a date selected as being a few weeks after the plaintiffs had submitted certain documents to the defendants for payment of the claim. Those..
Online Published Date:
07 July 1983
Appeared in issue:
96 - 07 July 1983
H.M. The Queen v. The ship Erawan - Fed.Ct. (Walsh J.) - 15 April 1983
A collision occurred when the bow of one vessel struck the other amidships, puncturing certain tanks containing a quantity of fuel oil which subsequently escaped into the water.
Immediately after the collision the First Narrows Signal Station..
Online Published Date:
07 July 1983
Appeared in issue:
96 - 07 July 1983
Determining proper law of contract where no express choice of law made
In a recent case (Improvair (Cape) (Pty.) Ltd.
v. Etablissements Neu
, 1983(2) S.A.L.R. 138) the Cape Provincial Divisional Court considered the approach to be adopted in determining the proper law of a contract where the parties had not themselves..
Online Published Date:
07 July 1983
Appeared in issue:
96 - 07 July 1983
7/83
The vessel was chartered under a Gencon form to carry a cargo from India to “1_3 safe port(s) Lisbon_Denmark range including Kiel . . . Port(s) to be at charterers’ option, but in geographical rotation as ordered on signing bills of..
Online Published Date:
07 July 1983
Appeared in issue:
96 - 07 July 1983
Amin Rasheed Shipping Corpn v. Kuwait Insurance Co. (The Al Wahab) - House of Lords (Lord Diplock, Lord Wilberforce, Lord Roskill, Lord Brightman and Lord Brandon) - 7 July 1983
The plaintiffs were a Liberian incorporated shipping company carrying on business in Dubai, and were the owners of the vessel Al Wahab.
The plaintiffs sought to litigate in the English commercial court their claim against the defendant insurers for..
Online Published Date:
21 July 1983
Appeared in issue:
97 - 21 July 1983
Astro Exito Navegacion S.A. v. Chase Manhattan Bank N.A. (The Messianiaki Tolmi) - House of Lords (Lord Diplock, Lord Keith, Lord Scarman, Lord Roskill and Lord Bridge) - 23 June 1983
The facts of this case, which are somewhat complex, were summarised in LMLN 68 - 10 June 1982. In brief, the respondents agreed to sell their vessel Messianiaki Tolmi
to S. Ltd. for scrap. When the time came for the buyers to take delivery, the..
Online Published Date:
21 July 1983
Appeared in issue:
97 - 21 July 1983
Tracomin S.A. v. Sudan Oil Seeds Co. Ltd. - Court of Appeal (Sir John Donaldson M.R., Ackner and Fox L.JJ.) - 23 June 1983
The issue before the Court of Appeal related to whether section 32 of the Civil Jurisdiction and Judgments Act 1982 had retrospective effect in the circumstances of the case. Section 32 came into force on 24 August 1982. At first instance - [1983] 1..
Online Published Date:
21 July 1983
Appeared in issue:
97 - 21 July 1983
Sametiet M/T Johs Stove v. Istanbul Rafinerisi A/S (The Johs Stove) - Q.B.D. (Com.Ct.) (Lloyd J.) - 23 June 1983
The vessel Johs Stove
was chartered on an Exxonvoy form to load a cargo of crude oil for carriage from the Persian Gulf to Turkey. By the time the vessel arrived off the loading place at Kharg Island on 15 December 1978 there was serious congestion..
Online Published Date:
21 July 1983
Appeared in issue:
97 - 21 July 1983
Marine Contractors Inc. v. Shell Petroleum Development Co. of Nigeria Ltd. - Q.B.D. (Com.Ct.) (Staughton J.) - 10 June 1983
Mr. Justice Staughton has followed Leggatt J.’s decision in Arab African Energy Corpn Ltd.
v. Olieprodukten Nederland B.V.
(LMLN 95 - 25 June 1983). The contract in the present case provided:
Arbitration shall be conducted in London under..
Online Published Date:
21 July 1983
Appeared in issue:
97 - 21 July 1983