- Home/Publications/Lloyd's Maritime Law Newsletter
Alva Steamship Co. Ltd. v. City of New York and Merritt-Chapman & Scott Corp., decided by the Court of Appeals (2nd Cir.) on Jan. 30, 1980
Questions of contract salvor’s liability and the responsibility of the contracting shipowner arose in the context of a proceeding commenced by the shipowner for exoneration from or limitation of liability.
Following the collision on June 16,..
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
Syros Shipping Co. S.A. v. Elaghill Trading Co. (The Proodos C) - Mr. Justice Lloyd - Q.B. - Mar. 25, 1980
Time charterers issued freight pre-paid bills of lading on behalf of shipowners, and then during the voyage became insolvent. The shipowners entered into an agreement with the consignees requiring an additional payment of $12.50 per ton of cargo..
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
Castanho v. Brown & Root (UK) Ltd. & Anr. - Lord Denning, M.R., Lord Justice Shaw and Lord Justice Brandon - C.A. - Apr. 22, 1980
The appellant, Castanho, a Portuguese worker, had been rendered quadraplegic in an accident while working on the respondents’ supply vessel in the North Sea. An action had been started in England and interim payments had been made to the..
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
Barclay-Johnson v. Yuill - Sir Robert Megarry, V.-C. - Ch.D. - Apr. 21, 1980
A Mareva injunction has been granted, in the Chancery Division, for the first time against a non-foreign defendant.
The doctrine of the Mareva
has developed from the Court of Appeal decision in Nippon Yusen Kaisha
v. Karageorgis
[1975] 1 W.L.R...
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
Mogul Line Ltd. v. Commerce International Incorporated - Lord Denning, M.R., Lord Justice Templeman and Lord Justice Watkins - C.A. - Apr. 16, 1980
A vessel under time charter arrived at Dubai in July, 1976 and discharged part of her cargo of cement. Due to a faulty oil tank or faulty fittings oil had leaked into cargo spaces and 103 tons of cement had to be dumped. The charterers held the..
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
Planmount v. Republic of Zaire - Mr. Justice Lloyd - Q.B. - Apr. 29, 1980
Plaintiff builders claimed the balance of account for building work done on the residence of the Ambassador of Zaire. The contract, dated Jan. 10, 1978, was in writing and signed by the Ambassador. The defendants sought to set aside service of the..
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
The Falcon - Q.B. (Adm.Ct.)
The Falcon
had been arrested by two parties and the Admiralty Marshal had divided equally the cost of maintaining her arrest during the period of arrest by both parties. The second arrestors submitted that the Marshal had no discretion to charge..
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
12/80
Charterers sought to avoid liability for dermurrage on the ground that owners had failed to put up funds or provide a guarantee for port charges etc. and that as a result the ship lost an opportunity to berth and was delayed 16 days. The charterers..
Online Published Date:
01 May 1980
Appeared in issue:
13 - 01 May 1980
United Bank Ltd. v. Claybridge S.A. - Lord Denning, M.R., Lord Justices Templeman and Watkins - C.A. - Apr. 28, 1980
The plaintiffs claimed $42 million against the defendants said to be due to the plaintiffs upon an overdraft repayable on demand. On Mar. 27, 1980 Mr. Justice Robert Goff granted a Mareva
injunction against the defendants limited to the $42m. On..
Online Published Date:
15 May 1980
Appeared in issue:
14 - 15 May 1980
Trendtex Trading Corporation and Anr. v. Credit Suisse - Lord Denning, M.R., Lord Justice Bridge and Lord Justice Oliver - C.A - May 2, 1980
Trendtex had a cause of action, against Central Bank of Nigeria, which it had reduced into possession by bringing proceedings in the English Courts (see Trendtex Trading Corp.
v. Central Bank of Nigeria
[1977] 1 Lloyd’s Rep. 581). Creditors..
Online Published Date:
15 May 1980
Appeared in issue:
14 - 15 May 1980
The Falcon - Mr. Justice Sheen - Q.B. (Adm.Ct.) - May 1, 1980
Mr. Justice Sheen delivered his reserved judgment in the Falcon
on May 1, 1980 (see issue no. 13). The plaintiffs, the second arresters, had been asked by the Admiralty Marshal to bear half the costs of the arrest during the period of double..
Online Published Date:
15 May 1980
Appeared in issue:
14 - 15 May 1980
Grab discharge - 13/80
Under a Gencon charter for a voyage with bulk products, the owners were responsible for stowage, an additional clause described the ship and gave her year of build (1956), deadweight and draught, the number of holds/hatches (five), mentioned that..
Online Published Date:
15 May 1980
Appeared in issue:
14 - 15 May 1980
Deadfreight claim - 14/80
Owners, in accordance with cl.43 of the charter-party and prior to commencement of loading at the first port, called for 33,000 tons of cargo dependent on the draught at the last loading berth. The amount of cargo called for at the last port was..
Online Published Date:
15 May 1980
Appeared in issue:
14 - 15 May 1980
International Produce, Inc. v. A/S Rosshavet, owners of SS Ross Isle - Judge Broderick - U.S. District Court (SDNY) - Apr. 14, 1980
A unanimous arbitration award was vacated because of the failure of the panel chairman, appointed by the two party-designated arbitrators, to disqualify himself during the arbitration.
The arbitration hearing began with disclosures in accordance..
Online Published Date:
15 May 1980
Appeared in issue:
14 - 15 May 1980
Gatoil Anstalt v. Omenial - Lord Denning, M.R., Lord Justices Templeman and Watkins, V.C. - C.A. - May 5, 1980
Payment of hire under a Shelltime 3 charter became due on Apr. 17, 1980. It was still unpaid on Monday Apr. 21 and owners withdrew the vessel. The charterers maintained that the reason for non-payment was a clerical error at their bank.
Charterers..
Online Published Date:
15 May 1980
Appeared in issue:
14 - 15 May 1980
The Nema - Lord Denning, M.R., Lord Justice Templeman and Lord Justice Watkins - C.A. - May 22, 1980
The Court of Appeal judgment on the substantive issue in The Nema
, the first case under the 1979 Arbitration Act, was given on May 22, 1980 (see below).
The charterers had successfully applied to Mr. Justice Robert Goff for leave to appeal from the..
Online Published Date:
29 May 1980
Appeared in issue:
15 - 29 May 1980
The Nema - Lord Denning, M.R., Lord Justice Templeman and Lord Justice Watkins - C.A. - May 22, 1980
The Nema
had been chartered for six consecutive voyages from Sorel to Europe starting in April, 1979, and ending in December, 1979. Charterers exercised an option for a seventh voyage.
Clause 5 provided that time lost by “strikes, lockouts,..
Online Published Date:
29 May 1980
Appeared in issue:
15 - 29 May 1980
The Stolt Filia - Mr. Justice Sheen - Q.B. (Adm.Ct.) - May 15, 1980
Following serious heavy weather damage the plaintiffs provided spare parts and rendered services to Stolt Filia for which the owners had not paid. On Apr. 21, 1980, she was arrested by mortgagees at Birkenhead. The plaintiffs deposed to the view..
Online Published Date:
29 May 1980
Appeared in issue:
15 - 29 May 1980
The Alexa - Mr. Justice Sheen - Q.B. (Adm.Ct.) - May 20, 1980
The Admiralty Registrar had refused an ex parte
application for leave to serve a writ out of the jurisdiction but indicated that leave would be granted if a further affidavit was filed dealing with: (1) the names of the plaintiffs; (2) their title..
Online Published Date:
29 May 1980
Appeared in issue:
15 - 29 May 1980
Gatoil Anstalt v. Omenial - Mr. Justice Mocatta - Q.B. (Com.Ct.) - May 20, 1980
Judgment in Gatoil Anstalt
v. Omenial
was given by Mr. Justice Mocatta on May 20, 1980. The charterers had obtained an injunction, which had been continued by the Court of Appeal, (see LMLN No. 14) restraining the withdrawal of the chartered..
Online Published Date:
29 May 1980
Appeared in issue:
15 - 29 May 1980
15/80
Under a Centrocon charter owners claimed from charterers balance of account (based upon gross loading demurrage of U.S.$42,509.45) or alternatively damages for detention. The dispute was centred on the commencement of laytime and the time used for..
Online Published Date:
29 May 1980
Appeared in issue:
15 - 29 May 1980