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Argentum Exploration Ltd v The Silver and All Persons claiming to be interested in and/or to have rights in respect of, the Silver (The "SS Tilawa") – QBD (Admlty Ct) (Sir Nigel Teare) [2020] EWHC 3434 (Admlty) – 16 December 2020
Online Published Date : 01 January 2021 | Appeared in issue: 1072 - 01 January 2021
Admiralty – State immunity – Claimant claiming ownership of silver bars salvaged from vessel sunk in 1942 – Republic of South Africa asserting ownership of silver bars and claiming sovereign immunity – Whether claim should be struck out
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SK Shipping Europe plc v Capital VLCC 3 Corporation and Another (The “C Challenger”) – QBD (Comm Ct) (Foxton J) [2020] EWHC 3448 (Comm) – 16 December 2020
Online Published Date : 01 January 2021 | Appeared in issue: 1072 - 01 January 2021
Charterparty – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach – Whether charterers affirmed charter – Whether guarantor liable – Whether Statute of Frauds satisfied
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London Arbitration 3/21
Online Published Date : 14 January 2021 | Appeared in issue: 1073 - 14 January 2021
Demurrage – Delay in cargo reaching loading port – Whether “force majeure” – Whether delay caused by master’s unreasonable conduct – Liability for delay caused by stevedores refusing to discharge cargo – Whether demurrage claim time-barred – Whether owners entitled to “bunker deviation costs” following agreement to add additional discharge port
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London Arbitration 2/21
Online Published Date : 14 January 2021 | Appeared in issue: 1073 - 14 January 2021
Contract – Implied term – Quantum meruit – Claimants agreeing to tranship quantity of bauxite in bulk from respondents’ anchored vessel – Contract providing for payment of storage charges at daily rate of US$1,000 per “one barge” irrespective of quantity carried – Parties agreeing addendum to provide for increase in amount transhipped – Claimants providing larger seagoing vessel to tranship additional quantity – Addendum not making express provision for storage charges – Whether implied term that storage rate would increase – Whether claimants entitled to quantum meruit at increased storage rate
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London Arbitration 1/21
Online Published Date : 14 January 2021 | Appeared in issue: 1073 - 14 January 2021
Demurrage – Time bar – Whether owners provided contractual documents within time allowed for making demurrage claim