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K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “Eternal Bliss”) – QBD (Comm Ct) (Andrew Baker J) [2020] EWHC 2373 (Comm) – 7 September 2020
Charterparty – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage - Receivers bringing cargo claim against owners resulting from delay - Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners
Online Published Date:
11 September 2020
Appeared in issue:
1064 - 11 September 2020
E Strahlmann GmbH & Co Reederei KG MS “Ventura” v Interfeed NV (The “Ventura”) – Rotterdam District Ct (P C Santema, Senior Judge) – 5 February 2020
Charterparty – Voyage charter providing that shipowner should not be liable for crew error – Cargo damaged allegedly as a result of crew error – Hamburg Rules compulsory applicable to bill of lading – Court at discharge port upholding bill of lading holder’s cargo claim against shipowner – Shipowner seeking indemnity from charterer – Whether charterer liable to indemnify shipowner – Gencon 1976
Online Published Date:
11 September 2020
Appeared in issue:
1064 - 11 September 2020
Weco Projects Aps v Loro Piana and Others; Peters & May Srl v Loro Piana and Another (The “My Song”) – QBD (Comm Ct) (Christopher Hancock QC sitting as a Judge of the High Court) [2020] EWHC 2150 (Comm) – 5 August 2020
Conflict of laws – Jurisdiction – Loss of sailing yacht being carried from Antigua to Genoa – Contract containing exclusive English jurisdiction clause – Parties bringing proceedings in England for negative declaratory relief – Italian businessman and other defendants challenging jurisdiction – Whether contract was a consumer contract – Whether English jurisdiction established
Online Published Date:
11 September 2020
Appeared in issue:
1064 - 11 September 2020