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CDE SA v Sure Wind Marine Ltd (The “SB Seaguard” and The “Odyssée”) – QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar) – 14 April 2015
Admiralty
practice – Claim form – Collision between claimant’s vessel and defendant’s
vessel – Negotiations between parties – Claim subject to two-year limitation
period – Whether claimant’s application for extension of time should be granted
Online Published Date:
08 May 2015
Appeared in issue:
924 - 01 May 2015
Carlos Soto Sau and Another v AP Moller-Maersk AS (The “SFL Hawk”) – QBD (Comm Ct) (Eder J) – 2 March 2015
Carriage
of goods by sea – Sale of goods (cfr) – Cargo of frozen swordfish rejected as
unfit for human consumption – Bill of lading holder claiming damages against
carrier for breach of contract of carriage – Title to sue – Whether property
passed to claimant on transfer of bill of lading – Whether claimant entitled to
rely on “buyer in possession” exception to nemo dat quod non habet rule –
Whether carrier’s breach caused claimants’ loss
Online Published Date:
08 May 2015
Appeared in issue:
924 - 01 May 2015
Braganza v BP Shipping Ltd and Another (The “British Unity”) – Supreme Court (Lord Neuberger PSC, Lady Hale DPSC, Lord Kerr, Lord Wilson and Lord Hodge JJSC) – 18 March 2015
Contract
– Death benefits – Crew member disappearing at sea – Employer forming opinion
that death was suicide and death benefits not payable on basis that death
resulted from “wilful default” – Whether employer misdirected itself in law –
Whether employer’s opinion reasonable
Online Published Date:
08 May 2015
Appeared in issue:
924 - 01 May 2015
Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat ve Ticaret AS (The “Yusuf Cepnioglu”) – QBD (Comm Ct) (Teare J) – 11 February 2015
Practice
– Service out of jurisdiction – Anti-suit injunction – Charterers bringing proceedings
in Turkey against owners’ P&I Club – Club cover providing for London
arbitration – Whether court had jurisdiction to grant anti-suit injunction –
Whether Turkish proceedings vexatious and oppressive – Whether injunction
should be continued
Online Published Date:
08 May 2015
Appeared in issue:
924 - 01 May 2015
Volcafe Ltd and Others v Compania Sud Americana de Vapores SA – QBD (London Merc Ct) (David Donaldson QC, sitting as a Deputy Judge of the High Court) – 5 March 2015
Carriage
of goods by sea – Consignments of bagged coffee beans in containers carried on
LCL/FCL terms – Cargo found to be damaged by condensation – Temporal scope of
Hague Rules – Burden of proof – Whether damage inevitable – Whether carrier
failed properly and carefully to load and carry the goods
Online Published Date:
08 May 2015
Appeared in issue:
924 - 01 May 2015
Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd – Court of Appeal (Elias, Beatson and Christopher Clarke LJJ) [2015] EWCA Civ 401 – 23 April 2015
Carriage
of goods by sea – Bills of lading containing English jurisdiction clause –
Whether clause provided for exclusive jurisdiction – Whether defendant in
breach of clause in bringing proceedings in China
Online Published Date:
15 May 2015
Appeared in issue:
925 - 15 May 2015
London Arbitration 7/15
Charterparty – Bunker consumption – Whether misrepresentation by owners – Delay in berthing – Whether owners in breach – Whether charterers in breach of safe berth warranty – Whether charterers entitled to use ship’s generators
Online Published Date:
15 May 2015
Appeared in issue:
925 - 15 May 2015
Union Marine Classification Services LLC v The Government of the Union of Comoros – QBD (Comm Ct) (Eder J) [2015] EWHC 508 (Comm) – 6 March 2015
Arbitration
– Jurisdiction – Arbitrator issuing further award under slip rule – Claimant
challenging further award for lack of substantive jurisdiction – Whether court
had jurisdiction to hear claimant’s application – Whether tribunal entitled to
correct error under slip rule
Online Published Date:
15 May 2015
Appeared in issue:
925 - 15 May 2015
Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd – QBD (Comm Ct) (Popplewell J) – [2015] EWHC 718 (Comm) – 18 March 2015
Charterparty
– Owners withdrawing vessels on long-term time charter for failing to pay hire
– Owners claiming damages for loss of bargain – Whether payment of hire was a
condition of the charter – Measure of damages
Online Published Date:
15 May 2015
Appeared in issue:
925 - 15 May 2015
London Arbitration 8/15
Charterparty
– Stevedore damage – Cargo of logs – Vessel sustaining damage from cargo during
loading and discharging operations – Whether charterers entitled to rely on
clause requiring master to notify charterers of damage within 24 hours
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015
Seaglance Maritime v Casillo Commodities Italia SpA (The “Proikonissos”) – QBD (Comm Ct) (Popplewell J) [2015] EWHC 1369 (Comm) – 23 January 2015
Charterparty
– Cargo of milling wheat found to be contaminated with soya bean meal on
discharge – Owners, charterers and cargo receivers concluding tripartite
agreement – Clause 4(b) of tripartite settlement agreement providing for
specified consequences in event of a finding by “an English Arbitration
tribunal” that owners were not liable for the contamination – Whether clause
4(b) capable of being triggered by finding made in arbitration reference to
which charterers were not a party
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015
The London Steam Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and Another (The “Prestige”) (No 2) – Court of Appeal (Moore-Bick, Patten and Tomlinson LJJ) [2015] EWCA Civ 333 – 1 April 2015
Arbitration
– Award – Enforcement – P&I Club seeking to enforce arbitration awards for
negative declaratory relief against Spain and France following loss of oil
tanker Prestige – Whether defendants
entitled to rely on state immunity
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015
Fiona Trust & Holding Corporation and Others v Privalov and Others – QBD (Comm Ct) (Andrew Smith J) [2015] EWHC 527 (Comm) – 5 March 2015
Practice
– Slip rule – Court giving judgment and inviting parties to agree Order –
Counsel agreeing terms of draft Order – Court perfecting Order in terms agreed –
Whether court precluded from correcting or clarifying Order under slip rule –
Whether court should exercise inherent jurisdiction to clarify order
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015