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France and Another v Discovery Yacht Sales Ltd and Another – QBD (Comm Ct) (Teare J) [2019] EWHC 3552 Comm – 19 December 2019
Online Published Date : 03 January 2020 | Appeared in issue: 1046 - 03 January 2020
Sale of ship – Claimants purchasing yacht from first company – Defects appearing shortly after delivery – Second company agreeing to carry out repairs in return for claimants’ agreement that yacht could be shown at Annapolis Boat Show – Repairs not carried out – Whether both companies liable for breaches of contractual and statutory warranties – Measure of damages
Lloyd's Maritime Law Newsletter
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“Amalie Essberger” Tankreederei GmbH & Co KG v Marubeni Corporation (The “Amalie Essberger”) – QBD (Comm Ct) (Peter MacDonald Eggers QC sitting as a Deputy Judge of the High Court) – 11 December 2019
Online Published Date : 03 January 2020 | Appeared in issue: 1046 - 03 January 2020
Demurrage – Time-bar – Claim to be presented with all supporting documents within 90 days of discharge – Meaning of “supporting documents” – Whether all supporting documents had to be supplied at same time as claim – Whether demurrage claim time-barred
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Leidos Inc v The Hellenic Republic – QBD (Comm Ct) (Jacobs J) [2019] EWHC 2738 (Comm) – 17 October 2019
Online Published Date : 03 January 2020 | Appeared in issue: 1046 - 03 January 2020
Arbitration – Award – Enforcement – Whether award “suspended” by competent authority – Whether non-disclosure on application for enforcement – Liability for costs of enforcement proceedings – Arbitration Act 1996, section 103(2)(f)
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Kellett v RCL Cruises and Others – High Ct (Barr J) [2019] IEHC 408 – 6 June 2019
Online Published Date : 16 January 2020 | Appeared in issue: 1047 - 16 January 2020
Negligence – Package holiday – Plaintiff sustaining personal injury in course of “White Knuckle Jet Boat Thrill Ride” – Whether cruise line operator and travel agent liable – Package Holidays and Travel Trade Act 1995, section 20
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Aden Refinery Co v Gunvor SA – QBD (Comm Ct) (Robin Knowles J) [2019] EWHC 3555 Comm – 18 December 2019
Online Published Date : 16 January 2020 | Appeared in issue: 1047 - 16 January 2020
Sale of goods – Sale of gasoil – Contract providing for delivery in July 2014 and for payment before discharge of cargo – Price based on Platts average list prices for July 2014 – Parties agreeing to postpone delivery until September 2014 – Change in Platts list pricing between July and September 2014 – Whether contractual price moved with delivery period – Whether contract varied to similar effect