Cereal Investments Company SA v ED&F Man Sugar Ltd [2007] EWHC 2843 (Comm) (7 December 2007) BILLS OF LADING – where letter of credit require presentation of bill by certain date – where seller required option that bill be dated after that date – whether seller’s conduct amounted to repudiation of contract of sale.
Air and General Finance Limited v RYB Marine Limited [2007] CSOH 177 (9 November 2007) ADMIRALTY AND MARITIME – sale of vessel under finance – where vessel purportedly sold to subsequent party – where registered mortgagee sought to enforce rights of sale upon default of original purchaser – where subsequent purchaser’s claim for breach of warranty as to title not yet determined – whether subsequent purchaser’s claim for breach of warranty could amount to a special lien over the vessel – whether mortgagee’s power to sell affected by subsequent purchaser’s claimed lien.
Premium Nafta Products Limited v Fili Shipping Company Limited [2007] UKHL 40 (17 October 2007) CHARTERPARTIES – Shelltime 4 form – where charters allegedly obtained by bribery – where owners purported to rescind charterparties – whether validity of attempt to rescind to be determined by arbitration or by a court.
Meditteranean Shipping Company SA v Trafigura Beheer BV [2007] EWCA Civ 794 (27 July 2007) BILLS OF LADING – inability of cargo owner to obtain delivery of goods through acts of fraudster – whether shipowner entitled to limit liability pursuant to Hague Visby Rules for period after cargo discharged from ship.
AIC Limited v Marine Pilot Limited [2007] EWHC 1182 (17 May 2007) ARBITRATION - charterparty (voyage) – Asbatankvoy form - appeal from tribunal under s69 of Arbitration Act 1996(UK) - whether charter liable for deadfreight – whether words “1 Safe Port Ventspils” constitutes a warranty by the charterer of the safety of the port.
Trafigura Beheer BV & Anor v Mediterranean Shipping Company SA [2007] EWHC 944 (Comm) (26 April 2007) BILLS OF LADING - conspiracy - fraudulent second bills of lading – conversion – whether the Hague Rules or Hague Visby Rules apply to the bill of lading contract - whether the Hague Rules or Hague Visby Rules apply after the cargo is discharged from the ship whilst the cargo is still subject to instructions from the carrier – whether the Hague Rules or Hague Visby Rules limitation of liability can be relied upon – whether the bill of lading limitation of liability clause can be relied upon - measure of damages for conversion.
ASM Shipping Ltd of India v TTMI Ltd of England [2007] EWHC 927 (Comm) (20 April 2007) ARBITRATION –charterparty (voyage) - Exxonvoy ’84 form- application to remove arbitrators – whether charter should be debarred from resiting resisting application – whether charters are guilty of contempt of court – whether court has discretion to hear the application.
West Tankers Inc v RAs Riunione Adriatica di Sicurta SpA & Ors [2007] UKHL 4 (21 Februrary 2007) PRACTICE & PROCEDURE - anti-suit injunction- whether insurers claiming right by subrogation are bound by an arbitration clause in a charterparty – whether a member state of the European Community can restrain a party from commencing an action in another European Member State on grounds that to do so breaches an arbitration agreement.
Transfield Shipping Inc v Mercator Shipping Inc, The “Achilleas” [2006] EWHC 3030 (Comm) (1 December 2006) CHARTERPARTY (Time) - NYPE 1946 form - appeal against arbitration award – amount of damages recoverable for late redelivery – whether loss of earning under subsequent charterparty is recoverable under first limb of Hadley v Baxendale (1854) 9 Exch 341.
AIC Ltd v ITS Testing Services (UK) Ltd (the “Kriti Palm”) [2006] EWCA Civ 1601 (26 November 2006) MARITIME – consignment of petroleum tested by independent contractor, results inconclusive - whether reliance by contractor on certificate of quality amounted to deceit – whether contractor had a duty to disclose to shipper the inconclusive results and follow-up tests performed.
Kallang Shipping SA v Axa Assurances Senegal, The “Kallang” [2006] EWHC 2825 (Comm) (7 November 2006) ANTI-SUIT INJUNCTION – application to set aside anti-suit injunction - bill of lading incorporated a charterparty English law and arbitration clause – cargo insurer demanded provisional guarantee for alleged missing cargo – P & I Club refused to offer the guarantee but offered a Letter of Undertaking subject to English and London Arbitration proceedings and gave notice of anti-suit injunction proceedings - cargo insurer commenced security proceeding – Senegal court order authorised vessel to be arrested upon failure to pay sum for security - whether security proceeding and the requirement of a bank guarantee in a foreign country avoid or frustrate London Arbitration proceedings.
Almatrans SA v The Steamship Mutual Underwriting Association (Bermuda) Ltd, The “Tutova” [2006] EWHC 2223 (Comm) (31 August 2006) Practice and procedure –arrest of vessel petition commenced in Italy - P & I Club Letter of Undertaking – Italian writ for arrest – difficulties with Italian court service in Cyprus – whether properly served - refusal to pay undertaking - whether implied term of Letter of Undertaking that adequate notice be given for later proceeding - incorrect name on Letter of Undertaking - law of misnomer – whether claim for rectification should fail.
Edwinton Commercial Corporation & Anor v Tsavliriss Russ (Worldwide Salvage & Towage) Ltd, The "Sea Angel" [2006] EWHC 1713 (Comm) (26 July 2006) CHARTERPARTY (time) – amended SHELLTIME 4 form, clause 7 – Lloyd’s Standard Form of Salvage, LOF 2000 Form – SCOPIC clause 9 – frustration – vessel chartered for salvage operation – state authorities detained chartered vessel as security against third parties’s pollution damage – state not party to CLC – state authorities unlawfully refused issue of No Demand Certificate – nature and length of delay – whether salvor assumes risk of governmental intervention and unreasonable detention – discussion of whether charterparty precludes frustration or whether frustration self-induced.
26 May 2006 Select Commodities Ltd v Valdo SA (The Florida) [2006] EWHC 1137 (Comm)
Appeal against an arbitration award - charterparty (Vegoilvoy) – claimed frustration of charterparty - owners relied on the liberty clause - liberty clause does not exclude the doctrine of frustration where no cargo is brought forward for loading.
Compania Sud American Vapores v MS ER Hamburg, Schiffahrtsgesellschaft MBH & Co, KG [2006] EWHC 483 (Comm) QBD (Comm) (14 March 2006) CHARTERPARTY (time) – NYPE (1946) form, clause 8 - seaworthiness and stowage obligations – cargo (calcium hypochlorite) exploded severely damaging the vessel – whether clause requiring charterers to stow cargo under the captain’s supervision relieves charterers of duty to stow safely – whether heating of oil bunker adjacent to cargo considered failure properly to care for cargo.
Ease Faith Ltd v Leonis Marine Management Ltd [2006] EWHC 232 (Comm) (23 February 2006) Dispute arising under head- and sub-towing contracts.
Towcon and sub-towcon to tow a salved vessel to China for scrap – delays en route – ship owner incurred charges due to delay and had to accept a reduced purchase price for the vessel – whether the tug proceeded with ‘proper despatch’ (two delays; using only one of two engines) – liability of party to head towcon for breach of sub-towcon.
Held: Claim for damages arising from lack of proper despatch allowed; sub-towcon party was able to claim from head towcon party.
Galaxy Special Maritime Enterprise v Prima Ceylon Ltd MV "Olympic Galaxy" [2006] EWCA Civ 528 (03 May 2006) Service outside jurisdiction - general average claim after change of ownership of vessel – no charterparty or contract of affreightment between the new ship owner and cargo owner – after grounding of vessel, cargo owners obtained discharge of the cargo by way of Lloyd’s Average Bond and Average Guarantee with ship managers – cargo owners commenced proceedings in Sri Lanka against ship owners for entering into a salvage agreement without notice – ship managers sought to invoke English arbitration clause in charterparty contract – relationship dictated by later agreements between ship owner and cargo owner.
Held: Court’s discretion; English proceedings set aside in favour of Sri Lankan jurisidiction. The Abidin Daver [1984] AC 398 applied, at 411-412 per Lord Diplock.
GE Frankona Reinsurance Ltd v CMM Trust No.1400 the "Newfoundland Explorer" [2006] EWHC 429 (Admiralty) (22 March 2006) This trial raised a question as to the true construction of the express term "Warranted fully crewed at all times" contained in a contract of marine insurance for a yacht, valued at US$3 million. The warranty obliged the Defendant to keep at least one crew member on board the vessel 24 hours a day, subject to (i) emergencies rendering his departure necessary or (ii) necessary temporary departures for the purpose of performing his crewing duties or other related activities.
Heesens Yacht Builders BV v Cox Syndicate Management Ltd. & Anor [2006] EWCA Civ 384 (06 April 2006) Claim under guarantee in shipbuilding contract – shipyard covered by Builders Risk Insurance policy at the time of delivery of the yacht but not when construction began – construction of contractual term ‘as per’.
Held: ‘As per’ should be given its natural construction; the ship was not covered by the Risk insurance, and the fact that she was delivered during the subsistence of the contract was immaterial.
Horn Linie GmbH & Co v Panamericana Formas E Impresos SA & Anor [2006] EWHC 373 (Comm) (06 March 2006) Challenge to jurisdiction and cross-application for an anit-suit injuction, arising from a contract for carriage.
Bill of lading – carriage from Germany to Colombia – cargo stowed contrary to instructions and became constructive total loss – bill of lading specified that the contract was to be governed by English law – one defendant initiated proceedings in Colombia, on the basis that a contract for goods to be delivered to Colombia is governed by Colombian law; a choice of foreign law and jurisdiction would be contrary to public policy; reliance on Article 8.2 of the Rome Convention.
Held: Egon Oldendorff v Liberia Corporation [1995] 2 Lloyd's Reports 64 at pages 70 – 71 per Mance J followed: the jurisdiction to be decided not by reference to the disputed laws but by the court adopting a dispassionate, internationally minded approach, with the onus on the party seeking to invoke Article 8.2 –English law was the governing law of the contract and the English Court a proper forum. An anti-suit injunction relating to the proceedings in Colombia was a proper form of relief.
Hyundai Merchant Marine Co Limited v Furness Withy ( Australia) Pty "Doric Pride" [2006] EWCA Civ 599 CA (Civ Div) (25 January 2006) CHARTERPARTY (time) – off-hire clause – vessel considered off-hire when detained unless the detention occasioned by the charterer – charterer could occasion detention by calling port of trading – vessel detained in New Orleans for inspection under US Coastguard policy to inspect first-time callers to a port – the detention was the responsibility of the owner as it went to the vessel’s status.
North Star Shipping Ltd & Ors v Sphere Drake Insurance Plc & Ors [2006] EWCA Civ 378 (07 April 2006) Appeal from North Star Shipping Ltd & Ors v Sphere Drake Insurance Plc & Ors [2005] EWHC 665 (Comm) (22 April 2005).
Marine insurance – war risks policy – whether insurers entitled to avoid the policy - whether certain facts used by the trial judge, which had not been disclosed by the underwriters to the owners of the ship, were material.
Appeal dismissed.
Offshore Nautical (CI) Ltd. v Quality Time Training Ltd. & Ors [2006] EWHC 347 (Comm) (08 March 2006) Negligence case – boat collided with a grade 2 buoy and was a constructive total loss – person driving the boat at the time of the collision was qualified, although relatively inexperienced, and was the former student of the skipper – apportionment of responsibility – defendants uninsured.
Held: ‘It seems obvious to me that the person at the helm must take responsibility for a collision with a bouy, save in exceptional circumstances.’ At [13]. The skipper was held partially liable, 15%, for failing to properly brief crew members.
Pentonville Shipping Ltd. v Transfield Shipping Inc (MV Johnny K) [2006] EWHC 134 (Comm) (10 February 2006) Appeal from arbitration under s 69 of the Arbitration Act 1996. Owners claimed for freight/deadfreight/damages against charterers – charter for voyage from Port Hedland to China with cargo of iron ore in bulk – vessel ordered to sail before fully loaded in order to avoid being neaped – dispute as to the rate at which the charterers had agreed to load the vessel – whether the order to sail was given by the shippers or the port authority.
Held: Decision remitted to the arbitrators to properly address the question whether the shippers were responsible for the order to leave the berth, in line with proper authorities: Cosmar Compania Naviera S.A. v. Total Transport Corp. "The Isabelle" [1984] 1 Lloyd's Rep.366; Mediolanum Shipping Co. v. Japan Lines Ltd "The Mediolanum" [1984] 1 Lloyd's Rep.136 (C.A.); Newa Line v. Erechthion Shipping Co. S.A. "The Erechthion" [1987] 2 Lloyd's Rep.180.
Sun Alliance & London Insurance Plc & Ors v PT Asuransri Dayin Mitra TBK [2006] EWHC 812 (Comm) (11 April 2006) Marine insurance.
Ship ran aground during a typhoon whilst anchored off South Korea prior to delivery – marine hull insurance for trading in Indonesian waters only – delivery insurance cover subject to ship being in class - insurers were told that ship was classed with Korean Registry of Shipping when it was actually registered with International Maritime Bureau.
Insured began proceedings in Indonesia – jurisdiction of contract was English – applicable law was English law
Held: Insurers not liable to indemnify the insured; appropriate for court to exercise discretion to make negative declarations.
Talbot Underwriting Ltd v Nausch, Hogan & Murray Inc [2006] EWCA Civ 889 (29 June 2006) MARINE INSURANCE – builders all risks insurance – MAR 91 / Slip policy – ship flooded when refloated – insurance brokers failed to name shipbuilders in policy as co-assured – extension clause not effective to create additional unnamed assureds – shipbuilder unable to sue as an undisclosed principal – whether any loss suffered by shipyard and vessel owners – intention to relieve contractors and sub-contractors from liability – reduction of loss – whether benefit given by third party to assured reduces the liability of insurer – part-assured can claim full insured value when whole interest has been insured and claimant is accountable to other assured parties
Ullises Shipping Corporation v Fal Shipping Co Ltd, The "Greek Fighter" [2006] EWHC 1729 (Comm) QBD (Comm) (14 July 2006) CHARTERPARTY (time) – Shelltime 4 form – carriage of unlawful merchandise (clause 4) – carriage of cargo that would expose vessel to capture or seizure by rulers or governments (clause 28) – owner’s contractual (clause 13) and implied indemnity against loss due to compliance with orders of charterer – restraint of princes (clause 27) – safe port warranty – vessel confiscated and sold by authorities of the United Arab Emirates on suspicions that the vessel had on board oil of Iraqi origin which was being dealt with by the charterer in contravention of UN sanctions – whether action of authorities justified – whether vessel on hire during detention (clauses 8 and 20) – whether charterer in breach of redelivery obligation – duty to mitigate loss
2005
Action
Navigation Inc v Bottiglieri Navigation
Spa [2005]
EWHC 177 (Comm) (16 February
2005) Timecharter
- NYPE form amended- two questions
of law: (a) extent of implied owner's
indemnity in obeying charterer's
lawful orders where trading limits
expanded simply to be “within Institute Warranty
Limits” and in ordinary course of service
hull was fouled by growth at a warm
water port; and (b) was time taken to
clean marine growth off hull time lost
of cl 15?
