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Alize 1954 and Another v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – Court of Appeal (Flaux, Haddon-Cave and Males LJJ) [2020] EWCA Civ 293 – 4 March 2020
General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel’s passage plan defective – Whether defective passage plan made vessel unseaworthy
Online Published Date:
12 March 2020
Appeared in issue:
1051 - 12 March 2020
Seniority Shipping Corporation SA v City Seed Crushing Industries Ltd (The “Joker”) – QBD (Comm Ct) (Andrew Baker J) [2019] EWHC 3541 (Comm) – 20 December 2019
Practice – Anti-suit injunction – Cargo interests bringing cargo claim in Bangladesh in breach of London arbitration clause – Owners bringing proceedings in England claiming final anti-suit injunction – Whether injunction should be granted
Online Published Date:
12 March 2020
Appeared in issue:
1051 - 12 March 2020
Keynvor Morlift Ltd and Others v The Vessel “Kuzma Minin” – QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar) [2019] EWHC 3557 (Admlty) – 19 December 2019
Salvage – Remuneration – Casualty successfully refloated by claimants after grounding off Falmouth – Determination of salvage award
Online Published Date:
12 March 2020
Appeared in issue:
1051 - 12 March 2020
Qatar National Bank QPSC v The Owner of the Yacht “Force India” – QBD (Admlty Ct) (Teare J) [2020] EWHC 103 (Admlty) – 27 January 2020
Mortgage – Enforcement – Mortgagee seeking to enforce mortgage of motor yacht – Whether limit of €5 million applied to total claim including interest costs and expenses or only to principal amount guaranteed
Online Published Date:
12 March 2020
Appeared in issue:
1051 - 12 March 2020
Lenkor Energy Trading DMCC v Puri – QBD (Master Davison) [2020] EWHC 75 (QB) – 23 January 2020
Enforcement of judgment – Recognition of foreign judgment – Whether court should refuse to recognise Dubai court judgment on basis that it would be contrary to public policy
Online Published Date:
30 March 2020
Appeared in issue:
1052 - 30 March 2020
Turks Shipyard Ltd v The Owners of the Vessel “November” – QBD (Admlty Ct) (Teare J) [2020] EWHC 661 (Admlty) – 20 March 2020
Admiralty practice – Shipyard concluding contract with company for work on vessel – Shipyard bringing proceedings in rem for cost of work – Whether company acted as agent for owners of vessel as undisclosed principals of company – Whether shipyard had valid in rem claim against vessel
Online Published Date:
30 March 2020
Appeared in issue:
1052 - 30 March 2020
Mahapatra v TUI UK Ltd – QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar) [2018] EWHC 3140 (Admlty) – 16 November 2018
Carriage of passengers by sea – Claimant sustaining personal injury while disembarking from cruise ship – Whether injury occurred during period of “carriage” within meaning of Athens Convention – Whether defendant entitled to summary judgment – Whether claimant entitled to amend particulars of claim to include new claim based on Package Travel, Package Holidays and Package Tours Regulations 1992
Online Published Date:
30 March 2020
Appeared in issue:
1052 - 30 March 2020