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The Marion - House of Lords (Lord Diplock, Lord Scarman, Lord Roskill, Lord Brandon & Lord Brightman) - 17 May 1984
In 1977, whilst weighing anchor, the Marion
fouled an oil pipeline which ran from the Ekofisk Field through Tees Bay to Teeside. The pipeline was severely damaged by Marion
’s anchor. The shipowners had admitted that the damage was caused..
Online Published Date:
07 June 1984
Appeared in issue:
120 - 07 June 1984
President of India v. La Pintada Compania Navigacion S.A. (The La Pintada) - House of Lords (Lord Fraser, Lord Scarman, Lord Roskill, Lord Bridge and Lord Brandon) - 24 May 1984
In this important case, the House of Lords has clarified the position relating to the award of interest on late payment of debts. The owners of the La Pintada
commenced arbitration proceedings against charterers for unpaid freight and demurrage..
Online Published Date:
07 June 1984
Appeared in issue:
120 - 07 June 1984
Miramar Maritime Corpn. v. Holborn Oil Trading Ltd. (The Miramar) - House of Lords (Lord Diplock, Lord Scarman, Lord Roskill, Lord Brandon and Lord Brightman) - 24 May 1984
The vessel Miramar
was chartered on an Exxonvoy 1969 form. Demurrage became payable. The present action was brought by the shipowners against the consignees and holders of a bill of lading issued under the charterparty. The charterers had gone into..
Online Published Date:
07 June 1984
Appeared in issue:
120 - 07 June 1984
The Barenbels - Q.B.D. (Adm.Ct.) (Sheen J.) - 24 May 1984
The vessel Barenbels
was sold to the plaintiff buyers in 1980 under a contract of sale on the Norwegian Saleform. Clause 9 provided:
The sellers guarantee that the vessel, at the time of delivery, is free from all encumbrances and maritime liens or..
Online Published Date:
07 June 1984
Appeared in issue:
120 - 07 June 1984
Pera Shipping Corpn. v. Petroship S.A. (The Pera) - Q.B.D. (Com.Ct.) (Staughton J.) - 6 April 1984
The vessel Pera
was chartered to Petroship S.A. for the carriage of a cargo of crude oil from Libya to Syria. Clause 7 provided:
Petroship time bar and notice clauses as attached are to be incorporated in this charterparty.
- One of the clauses..
Online Published Date:
07 June 1984
Appeared in issue:
120 - 07 June 1984
Leave to appeal to Court of Appeal - Certificate under section 1(7), Arbitration Act 1979
In The Pera
(see above) the judge gave a certificate, not that the matter was one of general public importance, but because it was one which, for other special reasons, should be considered by the Court of Appeal. The “special reason”..
Online Published Date:
07 June 1984
Appeared in issue:
120 - 07 June 1984
The Royal Wells - Q.B.D. (Adm.Ct.) (Sheen J.) - 18 May 1984
The plaintiffs were the master, three officers and three crewmen of the vessel Royal Wells
. The vessel had been arrested and sold by order of the Admiralty Court. The proceeds of sale were £15,250. The plaintiffs obtained default judgments in..
Online Published Date:
07 June 1984
Appeared in issue:
120 - 07 June 1984
The Benarty - Court of Appeal (Ackner, Dunn & Dillon L.JJ.) - 15 June 1984
The vessel Benarty
was under charter to the appellants. A cargo was loaded in London for carriage to Indonesia under the terms of a bill of lading issued by the charterers. The Hague-Visby Rules were not expressly incorporated in the bill of lading..
Online Published Date:
21 June 1984
Appeared in issue:
121 - 21 June 1984
The Sennar (No. 2) - Court of Appeal (Cumming-Bruce & Kerr L.JJ., and Sir Denys Buckley) - 24 May 1984
The plaintiff buyers agreed to buy a quantity of groundnut expellers C.I.F. Rotterdam. The cargo was to be shipped by end August 1973. The sellers arranged for the cargo to be shipped on board the vessel Sennar
at Port Sudan. The vessel loaded the..
Online Published Date:
21 June 1984
Appeared in issue:
121 - 21 June 1984
The Zinnia - Q.B.D. (Com.Ct.) (Staughton J.) - 11 April 1984
One of many subsidiary questions raised at the end of this case, which involved two defendants, 3rd, 4th and 5th parties, was - what was the current figure for nominal damages? Staughton J. gave judgment for the plaintiffs against the defendants..
Online Published Date:
21 June 1984
Appeared in issue:
121 - 21 June 1984
Atlantic Lines & Navigation Co. Inc. v. Didymi Corpn. (The Didymi) - Fed.Ct. (Trial Div.) (Reed I.) - 11 May 1984
The vessel Didymi
was time-chartered to the plaintiffs by the defendant shipowners. The charterparty contained a London arbitration clause. Various disputes arose under the charterparty and the charterers commenced arbitration proceedings in..
Online Published Date:
21 June 1984
Appeared in issue:
121 - 21 June 1984
9/84
Disputes arose in relation to alleged stevedore damage under a charterparty on the NYPE form. Clause 32 provided:
Charterers are to pay for stevedore damage (ordinary wear and tear excepted). Charterers are not to be responsible for stevedore or..
Online Published Date:
21 June 1984
Appeared in issue:
121 - 21 June 1984
10/84
The vessel was chartered on the Asbatankvoy form. By the time she arrived at the discharge port she was already on demurrage. A dispute arose as to the amount of demurrage payable at the discharge port. Discharging commenced at 21 00 on 27 July and..
Online Published Date:
21 June 1984
Appeared in issue:
121 - 21 June 1984