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FIMBank plc v KCH Shipping Co Ltd - [2023] EWCA Civ 569, Court of Appeal, (Lord Justice Males, Lord Justice Popplewell and Lord Justice Nugee) - 24 May 2023
Carriage of goods by sea - Alleged misdelivery after discharge - Time bar - Whether one-year limitation period under Hague-Visby Rules applied to misdelivery after discharge - Implied term
Online Published Date:
06 July 2023
Appeared in issue:
1137 - 06 July 2023
London Arbitration 9/23
Time charterparty - Final hire accounts - Speed and consumption - LMAA Small Claims Procedure - Whether counterclaim time-barred when defence submissions served late - Whether arbitrator could adjudicate upon the counterclaim or whether it should be referred to a mutually agreed weather routing company
Online Published Date:
06 July 2023
Appeared in issue:
1137 - 06 July 2023
Smart Gain Shipping Co Ltd v Langlois Enterprises Ltd (The "Globe Danae") - [2023] EWHC 1683 (Comm), King's Bench Division, Commercial Court (Sir Ross Cranston, sitting as a High Court judge) - 5 July 2023
Charterparty - Underwater cleaning "always at Charterers' time and expense" - Whether charterers required to pay at on-hire rates for cleaning after expiry of charterparty
Online Published Date:
26 July 2023
Appeared in issue:
1138 - 24 July 2023
London Arbitration 10/23
Charterparty - Damages for repudiatory breach - Whether a fixture made before the subject charter could or should be regarded as a substitute - Whether the earlier fixture reflected market rates at the date for assessment of losses for breach of the charterparty - Whether charterers suffered losses in relation to storage charges and penalties due to a switch of carrying vessels
Online Published Date:
26 July 2023
Appeared in issue:
1138 - 24 July 2023