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Mebro Oil S.A. v. Gatoil International Inc. - Q.B.D. (Com.Ct.) (Bingham J.) - 1 May 1985
On 18 January 1985 the arbitrator published his award which was substantially in favour of the respondents. On 8 February 1985, the twenty-first day after the publication of the award, the appellants served a notice of originating motion on the..
Online Published Date:
06 June 1985
Appeared in issue:
146 - 06 June 1985
Ocean Glory Compania Naviera S.A. v. A/S P.V. Christensen (The Ioanna) - Q.B.D. (Com.Ct.) (Staughton J.) - 26 March 1985
Clause 63 of the relevant charterparty provided that the vessel was capable of steaming at about 13 knots fully loaded.
Clause 51 provided inter alia
at line 305:
In the event of loss of time . . . caused by . . . deficiency and or default of men ...
Online Published Date:
06 June 1985
Appeared in issue:
146 - 06 June 1985
Islamic Republic of Iran Shipping Lines v. P & O Bulk Shipping Ltd. (The Discaria) - Q.B.D. (Com.Ct.) (Staughton J.) - 25 January 1985
The vessel was chartered for the carriage of a cargo of anhydrous ammonia from Qatar to Iran, a voyage wholly within the Iranian Gulf. The charterparty contained the following clause:
N4 - All additional war risk premiums and blocking and trapping..
Online Published Date:
06 June 1985
Appeared in issue:
146 - 06 June 1985
The Achilleus - Q.B.D. (Adm.Ct.) (Sheen J. with Assessors) - 17 May 1985
The Swedish vessel Cinderella
was a general cargo vessel of 4974 g.r.t. powered by a diesel engine driving a variable pitch propeller. She was in the course of a voyage from Finland to Calais laden with timber.
The Cypriot ship Achilleus
was a..
Online Published Date:
06 June 1985
Appeared in issue:
146 - 06 June 1985
Sears Ltd. and Anr. v. Arctic Steamship and Ors. (The Tolya Komar) - Fed.Ct. (Trial Div.) (Pinard J.) - 4 February 1985
The plaintiff cargo owners brought an action for damage to cargo shipped from Bremen to Montreal. The evidence indicated that the goods were damaged after they had been discharged onto the wharf, while they were being carried to the storage shed..
Online Published Date:
06 June 1985
Appeared in issue:
146 - 06 June 1985
Mediterranean Shipping Co. S.A. v. Alianca Bay Shipping Co. Ltd. (The Argonaut) - Q.B.D. (Com.Ct.) (Leggatt J.) - 2 May 1985
The vessel Argonaut
was charterer under the NYPE form. The following clauses were relevant:
8. . . . charterers are to load, stow, and trim the cargo and discharge at their expense under the supervision and responsibility of the Captain . . .
31...
Online Published Date:
20 June 1985
Appeared in issue:
147 - 20 June 1985
Welsh Irish Ferries Ltd. (The Ugland Trader) - Chancery Division (Companies Court) (Nourse J.) - 23 May 1985
On 23 March 1983 Welsh Irish Ferries Ltd. time-chartered the vessel Ugland Trader
from Ugland Management Co. A/S on the NYPE form for six months. Clause 18 provided:
the owners shall have a lien upon all cargoes, and all sub-freights for any..
Online Published Date:
20 June 1985
Appeared in issue:
147 - 20 June 1985
Barclays Bank Ltd. v. Rosenberg - Q.B.D. (Com.Ct.) (Anthony Evans J.) - 9 May 1985
The defendant, Mr. Harry Rosenberg, was a long-standing customer of Barclays Bank Ltd. (“the bank“). He had spent many years in the diamond trade, an international business which operated on the basis of trust.
From 1979 until 1981, the..
Online Published Date:
20 June 1985
Appeared in issue:
147 - 20 June 1985
Bremerhandelsgesellschaft m.h.B. v. ETS Soules Et Cie. and Anr. - Court of Appeal (Ackner and Browne-Wilkinson L.JJ. and Sir George Waller) - 16 May 1985
On 11 October 1985 (see LMLN 132 - 22 November 1984) Mustill J. dismissed the Plaintiff’s application to remove Mr. S. from membership of a GAFTA Board of Appeal on the grounds of imputed bias. The Plaintiff’s appeal to the Court of..
Online Published Date:
20 June 1985
Appeared in issue:
147 - 20 June 1985
National Westminster Bank PLC v. Arthur Young McClelland Moores & Co. - Court of Appeal (Sir John Donaldson M.R., Neill L.J. and Sir John Megaw) - The Times, 14 June 1985
Section 1(7) of the Arbitration Act 1979 provides that no appeal should lie to the Court of Appeal from a decision of the High Court on an appeal under the section unless: (a) the High Court or the Court of Appeal gives leave; and (b) it is..
Online Published Date:
20 June 1985
Appeared in issue:
147 - 20 June 1985
Zermalt Holdings S.A. v. Nu-Life Upholstery Repairs Ltd. - Q.B.D. (Com.Ct.) (Bingham J.)
- The Times, 11 June 1985
In granting an application by Zermalt Holdings to set aside an arbitrator’s award and to remove the arbitrator, Bingham J. said that although it was often desirable for an arbitrator who was also an expert to rely on..
Online Published Date:
20 June 1985
Appeared in issue:
147 - 20 June 1985