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.

Waterfront Shipping Company Limited v Trafigura AG [2007] EWHC 2482 (Comm) (31 October 2007)
CHARTERPARTIES – Beepevoy 3 form - practice and procedure – claim for demurrage – application for summary judgment dismissing claim on grounds that claim time-barred by terms of contract.

Owners and/or Demise Charterers of the Ship and Barge 'Kamal XXVI' v Owners of the Ship 'Ariela' [2007] EWHC 2434 (23 October 2007)
COLLISION – apportionment of blame – whether unlit barge a contributing factor.

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.

Bandwidth Shipping Corporation v Intaari [2007] EWCA Civ 998 (17 October 2007)
ARBITRATION – whether arbitral tribunal failed to act fairly – whether appellant had reasonable opportunity to present case at arbitration.

Pacific Maritime (Asia) Ltd v Holystone Overseas Ltd [2007] EWHC 2319 (Comm) (11 October 2007)
ARBITRATION – application to vary freezing order – whether correct test had been applied to ascertain value of assets to be covered by freezing order – application to increase security on cross-claim

Transfield Shipping Inc of Panama v Mercartor Shipping Inc of Monrovia (The "Achilleas") [2007] EWCA Civ 901 (6 September 2007)
CHARTERPARTIES – amended NYPE 1946 form – charterer liable for damages for late redelivery of vessel – method of calculation of damages – whether limited by principles of remoteness to difference between charter rate and market rate – whether owner may claim damages based on loss of fixture.

Golden Fleece Maritime Inc v ST Shipping and Transport Inc [2007] EWHC 1890 (Comm) (2 August 2007)
CHARTERPARTIES – Shelltime 4 form – constructions – whether owners or charterers bore risk of change in regulations restricting cargo vessel could carry.

Starlight Shipping Co & Anor v Tai Ping Insurance Co Ltd & Anor [2007] EWHC 1893 (Comm) (1 August 2007)
ARBITRATION – where bill of lading specified disputes be resolved by arbitration – where cargo interest commenced litigation in PRC – whether interim anti-suit injunction should be granted to allow arbitration to take place.

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.

STX Pan Ocean Shipping Co Ltd v Ugland Bulk Transport AS (the "Livanita") [2007] EWHC 1317 (Comm) (6 June 2007)
ADMIRALTY – NYPE charterparty – nominated port of loading – whether nominated port of loading inconsistent with safe port warranty.

ERG Raffinerie Mediterranee Spa v Chevron USA Inc [2007] EWCA Civ 494 (22 May 2007)
CONTRACT – appeal- laycan – FOB contract - whether contact that allow narrowing of laycan is a traditional FOB contract that allows for termination if goods are not shipped within time.

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.

Golden Strait Corporation v Nippon Yusen Kubishika Kaisha, The "Golden Victory" [2007] UKHL 12 (28 March 2007)
CHARTERPARTY (Time) – Shelltime 4 – repudiation- damages for loss of charter hire – when is quantification of damages to be made – place of events after breach but before having affecting assessment of damages – to be taken into account.

Lia Oil SA v ERG Petrolia SPA [2007] EWHC 505 (Comm) (13 March 2007)
CHARTERPARTY (Voyage) – Asbatankvoy – demurrage – laytime – whether timebar applies.

Front Carriers Ltd v Atlantic and Orient Shipping Corporation, The "Double Happiness" [2007] EWHC 421 (Comm) (8 March 2007)
ARBITRATION - order sought for arbitral tribunal to have substantive jurisdiction – whether charterparty existed – whether applicant party to charterparty.

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.

Linda Marie Parrott v Mark Trevor Parkin [2007] EWHC 210 (Admlty) (8 Februrary 2007)
Ownership - legal and beneficial ownership of vessel - declaration for possession.

Ravennavi S.P.A v New Century Shipbuilding Company Ltd [2007] EWCA Civ 58 (7 February 2007)
CONTRACT - Shipbuilding – application to set aside order for service - buyer's option - earlier deliver of optional vessels.

The Owners of the Ship "Bulk Atalanta" v The Owners of the Ship "Forest Pioneer" [2007] EWHC 84 (Comm) (26 January 2007)
COLLISION – apportionment of blame – pilot onboard – recently boarded - lookout.

The Owners and/or Demise Charterers of the Tug "Sea Tractor" & Ors v The Owners of the Ship "Tramp" [2007] EWHC 31 (Admlty) (18 January 2007)
SALVAGE - whether services constituted salvage service – amount of salvage remuneration.

2006

Kellogg Brown & Root Inc v Concordia Maritime AG & Ors [2006] EWHC 3358 (Comm) (21 December 2006)
CONTRACT - Memorandum of Agreement - Norwegian sales form terms - meaning of 'to – original plate thickness' - misstatement and collateral warranty claim.

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.

The Owner and or Demise Charter of the m/v "Eleftheria" v The Owners and or Demise Charterers of the M/v "Hakki Deval" [2006] EWHC 2809 (Comm) (9 November 2006)
COLLISION – apportionment of blame – Mediterranean sea, Algerian coast - expert evidence – use of nautical assessors – dangers associated with reliance of Automatic Identification System (AIS).

Independent Petroleum Group Limited v Seacarriers Count Pte Limited, The "Count" [2006] EWHC 3222 (Comm) (8 November 2006)
CHATERPARTY (Voyage) – Asbatankvoy 1997 form – appeal against arbitration award of damages for delay – whether port of discharge was a safe port.

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.

Fiona Trust & Holding Corp v Privalov [2006] EWHC 2583 (Comm) (20 October 2006)
Jurisdiction of arbitrators from the arbitration clause - rescission of time charter (SHELL TIME) and the effect on arbitration clause - right to rescind lost.

Sea Trade Maritime Corp v Hellenic Mutual War Risks Association (Bermuda) Ltd [2006] EWHC 2530 (Comm) (18 October 2006)
Arbitration - war risk insurance - setting aside an interim arbitration award for want of substantive jurisdiction - incorporation of the rules of a mutual insurance company.

Bandwith Shipping Corporation v INTAARI [2006] EWHC 2532 (Comm) (17 October 2006)
Arbitration - Charterparty (BALTIME) - unpaid hire - order to remit an arbitration award for reconsideration - serious irregularity in the conduct of the arbitration.

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.

Select Commodities Ltd v Valdo SA (The Florida) [2006] EWHC 1137 (Comm) (26 May 2006)
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 injunction, 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.

Oceanografia SA DE CV v DSND Subsea AS [2006] EHNC 1360 (Comm) (12 June 2006)
ARBITRATION – charterparty – amended Supplytime 89 form of Charterparty, cl 18, 31 – whether charterparty binding without formal requirements – waiver by election

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 buoy, 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

Tidebrook Maritime Corp v Vitol SA of Geneva (The "Front Commander") [2006] EWCA Civ 944 (05 July 2006)
CHARTERPARTY (voyage) – amended Asbatankvoy form – laytime – effect of early tender of NOR prior to commencement of earliest layday

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?

Advent Capital Plc v GN Ellinas Imports-Exports Ltd & Anor [2005] EWHC 1242 (Comm) (16 June 2005)
Exclusive jurisdiction clause - anti-suit injunction - A vessel sank, resulting in the total loss of cargo carried. The certificate of insurance contained an English jurisdiction clause. The assured instituted proceedings in Cyprus, the insurers then obtained an anti-suit injunction in England and launched a stay application in Cyprus. The application was dismissed, and the appeal still pending when this judgment was delivered. Subsequent to the above proceedings, Cyprus became a member of the EU, and was thus bound by the Judgments Regulation. The assured sought a declaration that the Court had no jurisdiction to entertain the insurer's claims and to set aside the anti-suit injunction. Held: For the purpose of the application of Article 66 of the Judgments Regulation, the court was to yield to the jurisdiction of the court first seised, therefore jurisdiction in respect of the insurer's declaration action was declined. Cyprus' accession to the EU did not amount to a sufficiently fundamental change of circumstances to justify the revocation of the injunction.

Allianz Marine Aviation (France) v GE Frankona Reinsurance Ltd. London & Anor [2005] EWHC 101 (Comm) (04 February 2005)
Marine insurance – reinsurance – applying the excess in a hull and machinery excess of loss contract.

American International Marine Agency of New York Inc & Anor v Dandridge [2005] EWHC 829 (Comm) (5 May 2005)
REINSURANCE – FOLLOW THE LEADER CLAUSE – Claimants were reinsured in respect of Hull & Machinery insurance which contained a "follow the leader clause". The vessel ran aground and was declared a total loss. Whether the general words of incorporation in the Reinsurance, "…subject to the same clauses and conditions and against the same perils as in the original policy or policies…" were sufficiently wide to incorporate the follow the leader clause. Held: the clause was neither germane nor apposite to the Reinsurance, it did not make sense in the context of the Reinsurance, and was inconsistent with the express terms. The clause was not incorporated and the claim was not within the risks covered by the Reinsurance.

Anton Durbeck GMBH v Den Norske Bank ASA [2005] EWHC 2497 (Comm) QBD (Comm) (11 November 2005)
SHIPPING – vessel arrested by bank as enforcement of mortgage – perishable cargo (bananas) thrown into the sea as they had rotted during arrest – whether bank liable to cargo owners – choice of law – Private International Law (Miscellaneous Provisions) Act 1995 ss 11, 12 – liability under English and Panamanian law.

Borgship Tankers Inc. v Product Transport Corporation Ltd. [2005] EWHC 273 (Comm) (28 February 2005)
TIME-CHARTERER - TIME BAR - Whether claimant's (charterer's) claims in arbitration (for breach of charter party in relation to poor condition of cargo tanks) were time-barred. Terms of charter party were contained in a fixture recap on the Shelltime 4 form. Clause provided that all claims arising out of loss or damage to cargo are subject to Hague-Visby Rules (the Rules). Article III rule 6 of the Rules provides one year time limitation. The relevant clause was concerned with cargo claims. In this case no claim was made for loss/damage of cargo. Charterers claim damages for loss of use of vessel - therefore not time-barred.

C V Scheepvaartonderneming Flintermar v Sea Malta Company Ltd [2005] EWCA Civ 17 (25 January 2005)
Whether an injury to a ship's chief officer is responsibility inter se of its owners or time charterers under Baltime 1939 form. Injury occurred while the chief officer was engaged in the closing of the ship's hatch, but was caused by the negligence of the charterers' stevedores. Discussion of respective roles and responsibilities at general law and under the charter, in particular for batch handling.

Carisbrooke Shipping CV 5 v Bird Port Limited (The 'Charlotte C') [2005] EWHC 1974 (Comm) (13 September 2005)
An action for damages by the owner of the MV Charlotte C against the owner and operator of Bird Port in Newport. While berthed at Bird Port in May 2003 the vessel sat on a steel coil causing indentations and fractures in her bottom shell plating and buckling of her internals. The berth was known as a NAABSA Berth (not always afloat but safely aground).

Datec Electronic Holdings Ltd & Anor. v United Parcels Service Ltd & Anor. [2005] EWHC 221 (Comm) (22 February 2005)
CARRIAGE OF GOODS BY ROAD, CMR ARTICLES 17, 23 - Datec (consignors and consignees) sought damages from carriers (UPS) for loss of goods. Argued that carriage of the goods for portion of journey was subject to the Convention on the Contract for the International Carriage of Goods by Road, the schedule to the Carriage of Goods by Road Act, 1965 (CMR) (namely, Article 17.1 of the CMR). On evidence concluded goods not delivered and not taken by employee of UPS. UPS contend that their terms only provided for liability for goods worth less than $50,000, while goods carried were greater than this value and therefore no contract for carriage of consignment was concluded. Held that there was a contract, the terms were incorporated into the agreement, but not a warranty. CMR held to apply. Claim succeeds but limited by Article 23 of the CMR.

Equitas Ltd & Anor v Wave City Shipping Company Ltd & Ors [2005] EWHC 923 (Comm) (13 May 2005)
REINSURANCE –DECLARATION AS TO LIABILITY - A ship insured against war risks sank in January 1991. The owner claimed on insurance, contending that the vessel had sunk after striking a mine- the insurer refused to pay. In December 1999, R&L had ceased to be members of the insurer. The insurer was, up to and including the date of the loss, reinsured by a number of Lloyd's Syndicates. The liabilities of Lloyd's reinsurers arising under these contracts, were reinsured by ERL and retroceded by ERL to Equitas. Equitas and ERL sought declarations that they were not liable to the owners and R&L in respect of losses which the owners claimed arose out of wrongful interference with the contracts of insurance. Held: The Court had jurisdiction to hear the claim. Declaration in favour of the claimants was made.

Global Mariner, Owners and Bareboat Charterers of v Atlantic Crusader, Owners and Bareboat Charterers of [2005] EWHC 380 (Admlty) (23 March 2005)
COLLISION – QUESTION OF FAULT. Two boats ("AC" and "GM") collided on a river in broad daylight. The GM sank. GM had been berthed, collision occurred while she was undertaking a 180 starboard turn. Held that AC dragged her anchor and was at fault in failing to control her yaw and sway. Nonetheless held that GM's conduct of the turn was the major cause of the collision; and collision would most probably have occurred even if AC had controlled its yaw. Therefore GM held solely to blame for the collision – thus no need to address the question of apportionment. The Manzanillo II applied - practice and procedure in relation to assessors.

Golden Strait Corporation v Nippon Yusen Kubishika Kaisha "The Golden Victory" [2005] EWHC 161 (Comm) (15 February 2005)
Seven year time charter – repudiation after 3 years – assessment of damages- question of principle –whether damages assessed once and for all at date of breach for remainder of charter – or could facts be taken into account that meant under the war clause charterer could have terminated two years after it had in fact repudiated – latter position accepted as correct.

Golden Strait Corporation v Nippon Yusen Kubishika Kaisha "The Golden Victory" [2005] EWCA Civ 1190 (18 October 2005)
Appeal dismissed.

Hyundai Merchant Marine Co. Ltd. v Furness Withy (Australia) Pty [2005] EWHC 945 (Comm) (20 May 2005)
OFF-HIRE CLAUSE –DETENTION OF VESSEL - Vessel was hired to carry cargo from the US Gulf to South Korea. The ship had to be inspected by the US Coast Guard before entering the port, however inspection was delayed due to a collision. The charter-party contained a clause providing for the suspension of hire payments for any period during which the vessel was detained, providing such detention was not the fault of the charterers. Held: Detention may mean prevention from entering a port. However, if the prohibition was the result of the nomination of the port by the charterer, the proviso would apply. On the evidence, there was no causal link between the nomination of the port and detention. Chartere rs were entitled to a declaration that the vessel was off-hire.

JI MacWilliam Company Inc v. Mediterranean Shipping Company SA [2005] UKHL 11 (16 February 2005)
HAGUE - VISBY RULES - STRAIGHT BILL - Goods damaged while being shipped. Straight bill of lading, which provides for delivery of goods to a named consignee and not to order or assigns or bearer. Whether a straight bill of lading is "a bill of lading or any similar document of title" within the meaning of article I(b) of the Hague-Visby Rules (the Rules). Otherwise, would be covered by the limits in the US Carriage of Goods by Sea Act. Discussion of straight bills of lading. When a carrier or shipper can contract out of the Rules. Expansive interpretation given to the phrase in question - straight bill of lading held to fall within the meaning of the Rules.

King v Brandywine Reinsurance Company [2005] EWCA Civ 235 (10 March 2005)
MARINE INSURANCE - LIABILITY OF UNDERWRITERS - A boat owned by ESC, a subsidiary of Exxon went hard aground - 11 million gallons of oil spilt. Exxon incurred more than $2 billion worth of costs in cleaning up. Exxon and affiliates had cover under a policy. Nearly two years after the grounding, Exxon made insurance claims - underwriters entered into a settlement. Certain reinsurers contended that they were not liable for all the sums paid by their reinsureds under those settlements. Whether underwriters have a liability to ESC, whether they have a liability to Exxon for any third party liabilities. Consideration of whether words "Removal of Debris" in policy cover Exxon for the costs incurred. Consideration of "Notwithstanding clauses " and a seepage and pollution exclusion. Question as to proper law - English or New York. Held that the proper law of the policy was New York law. Policy did not cover pollution clean up-costs, appeal dismissed.

Lady Navigation Inc v Lauritzencool AB & Anor [2005] EWCA Civ 579 (17 May 2005)
T IME CHARTER – INJUNCTIVE RELIEF - The respondent charterers managed a pool of vessels of which the two ships in question were a part. The owners of these vessels claimed mismanagement and a breach of various duties by the charterers and sought to take the ships out of the pool. The owners appealed from the grant of injunctive relief, which precluded them from employing their vessels outside the pool pending the outcome of arbitration. Citation of longstanding principle that specific performance of a time charter is not to be ordered. Discussion of authorities on injunctive relief which would in effect compel the other party to perform. Held: Fact that the contracts were for services in the form of a time charter, which created fiduciary relationship did not preclude injunctive relief.

Laemthong International Lines Company Ltd v Abdullah Mohammed Fahem & Co [2005] EWCA Civ 519 (5 May 2005)
CHARTER-PARTY – LETTER OF INDEMNITY – THIRD PARTY CLAIM
Charterparty provided that if original bills of lading were not available at the discharge port, cargo could be released to receiver by faxed letters of indemnity (LOI). Cargo was delivered to the receivers through this mechanism. After discharge essel was arrested by the creditor bank, which alleged it held all the original bills of lading. Shipowners claimed for indemnification under the LOIs, claiming that they were entitled to enforce the terms of the receivers' LOI in their own right by reason of the Contracts (Rights of Third Parties) Act 1999. Held: The owners acted as the charterer's agents for the purpose of delivering the cargo. The terms of the receivers' LOI entitled the shipowners to enforce the LOI in their own name.

Linelevel Ltd v Powszechny Zaklad Ubezpieczen SA (The 'Nore Challenger') [2005] EWHC 421 (Comm) (17 March 2005)
MARINE INSURANCE - insurable interest of demise charterers, owners and managers - whether loss from a peril of the sea - duty to sue and labour.

Mora Shipping Inc v AXA Corporate Solutions Assurance S.A. & Ors [2005] EWHC 315 (Comm) (16 March 2005)
MARINE INSURANCE - AVERAGE ADJUSTMENT - JURISDICTION - Claimant company (incorporated in Liberia) was the demise charterer and owner of vessel when it sustained serious damage. Claim bought against defendant for their respective proportions to an Average Guarantee (for goods damaged). Defendants incorporated in various countries in Europe. General average adjustment was sent to defendants who did not pay. Whether the Average Guarantee obliged the defendants to pay contributions to the general average within the jurisdiction of this court. In law an adjustment is not conclusive nor binding. Held, the UK had no connection with the factual issues at hand. If no jurisdiction clause, the established rule is that the place of domicile has jurisdiction. Claimant failed to establish that the court had jurisdiction.

North Star Shipping Ltd & Ors v Sphere Drake Insurance Plc & Ors [2005] EWHC 665 (Comm) (22 April 2005)
MARINE INSURANCE – WAR RISKS POLICY - An explosive device was attached to a ship – the explosion resulted in seawater damage to the engine. The boat was insured under a war risks policy. Issue: whether the explosion was caused by an outsider (in order to cause malicious damage) or whether the owners organised the explosion. Held: one of the shipowners lodged the explosive device. Underwriters were induced to enter into the war risks policy by non-disclosure of material facts. Therefore the insurers were entitled to avoid the policy.

NV Procter & Gamble International & Ors v Gartner KG & Ors [2005] EWHC 960 (Comm) (20 May 2005)
PROCEDURE – EXTENSION OF TIME - Cargo was allegedly lost overboard a ship. Defendant applied to set aside two orders extending the time for service of the claim form upon them. Balance of discretion, application denied.

OT Africa Line Ltd. v Magic Sportswear Corporation & Ors [2005] EWCA Civ 710 (13 June 2005)
EXCLUSIVE JURISDICTION CLAUSE – STAY - ANTI-SUIT INJUNCTION Dispute over short delivery of goods. Insurance taken out with Canadian insurers. Contract of carriage contained an exclusive jurisdiction clause – contract to be governed by English law. Insurers invoked the jurisdiction of Canadian courts on the basis of Canadian legislation, which incorporated Article 21 of the Hamburg Rules, and rendered an exclusive jurisdiction clause nugatory in certain circumstances. Question: Whether the Court should decline to grant a stay of English proceedings and grant injunctive relief to restrain the parties from continuing proceedings in Canadian courts. Held: Question was to be determined by reference to English law. The conflict of jurisdictions was no justification for a stay. The Canadian legislation did not provide strong enough reason to decline to give effect to the exclusive jurisdiction clause. There were no grounds for refusing the injunction.

Primetrade AG v Ythan Ltd (The "Ythan") [2005] EWHC 2399 (Comm) QBD (Comm) (1 November 2005)
ARBITRATION – jurisdiction – charter party – owners alleged loss from shipment of dangerous cargo and wished to claim against holder of bill of lading – whether Primetrade was the lawful holder of bills of lading – whether as lawful holder of bills of lading Primetrade accrued rights of suit – Carriage of Goods by Sea Act 1992, ss 2, 3 and 5 – whether a new ground of objection was fell under 'any objection' for s 73 of the Arbitration Act 1996 – requirements for raising new objections at judicial review of arbitration.

R v Goodwin [2005] EWCA Crim 3184 CA (Crim Div) (7 December 2005)
CRIMINAL LAW – defendant injured another person while riding a jet ski – Merchant Shipping Act 1995 s 58(2)(a) – consideration of terms 'sea-going', 'ship' and 'used in navigation' in relation to a jet ski – whether a person riding a jet ski is the 'master' of a ship. Held: A jet ski is not "used in navigation" and is therefore excluded from the definition of "ship or vessel". The defendant was not the master of the ship – this applies only to people who are employed as such.

Sabo SA v United Arab Shipping Company (SAG) [2005] EWHC 307 (Comm) (03 March 2005)
TRANSHIPMENT - BILL OF LADING - Shipment of goods. Letter of credit specified that transhipment not allowed. Goods loaded on a feeder vessel (not owned by UASC) for transhipment to the UASC vessel. Bill of lading issued to feeder vessel, also one issued to Sabo (manufacturer of goods) by UASC's agents on behalf of UASC naming carrying vessel as the UASC vessel. No entries in bill regarding feeder voyage. Feeder vessel was stranded, seawater seeped in damaging goods. Salvage, salvors exercised lien, demanded salvage security, insurers refused to pay. Whether UASC, through the agent, deceived Sabo or whether both attempted to deceive buyer of goods and its bank, (the paying bank). Held there was no misrepresentation by UASC to Sabo or any breach in contract. On the evidence, found that Sabo knew what the position was - misrepresentation in B/L was intended to mislead the receivers and paying bank. UASC counterclaimed storage costs of salvaged goods - not made out.

Sea Success Maritime Inc v African Maritime Carriers Ltd [2005] EWHC 1542 (Comm) (15 July 2005)
Time charterparty (NYPE (1981)) - Masters right to clause bills of lading. A chartered vessel tendered damaged cargo for shipment and the Master refused to accept the cargo. The Master justified refusal on the grounds of a clause in the charter, which provided that a 'Master has the right and must reject any cargo that are subject to clausing of the BS/L'. Discussion of the meaning of 'clausing' and when the cargo became 'subject to clausing of the bill of lading'. Held: The Master was entitled to reject the cargo if it was described in the B/L in a way that would require the statement of the apparent order and condition of the cargo to be qualified, so that the B/L as signed by the Master would be accurate. As the charterers had proposed to incorporate in the B/L the apparent order and description of the cargo, the Master did not have the right to reject the cargo. Appeal dismissed.

Seismic Shipping v Total E & P UK Plc [2005] EWCA Civ 985 (29 July 2005)
Collision - Limitation of liability under Merchant Shipping Act 1995 - question whether limitation suit could be brought independently of legal or arbital proceedings in the jurisdiction - no such requirement. Appeal from Mr Julian Flux QC [2005] EWCH 460 (Comm) dismissed.

SHV Gas Supply & Trading SAS v Naftomar Shipping & Trading Co Ltd Inc, (The "Azur Gaz") [2005] EWHC 2528 (Comm) QBD (Comm) (15 November 2005)
SALE OF GOODS – contract included a layday canceling date ('laycan') period but no shipping period – an unusually long spell of bad weather prevented vessels from loading – defendant purported to cancel the contract under the laycan period – whether laycan period clause could replace absent shipment period – whether breach of implied term that goods would be shipped within reasonable time – whether discharge ETAs given honestly and on reasonable grounds.

Thor Navigation Inc. v Ingosstrakh Insurance Company Ltd. & Anor [2005] EWHC 19 (Comm) (14 January 2005)
Marine insurance. Whether valued or unvalued policies. Marine Insurance Act (UK) s 27. (see Marine Insurance Act 1909 (Cth ) s33). Discussion of cases concerning agreed value and sum insured. Claims for estoppel and rectification. Insurable value.

Thyssen Canada Ltd. v Mariana Maritime SA & Anor [2005] EWHC 219 (Comm) (23 February 2005)
ARBITRATION AWARD – SETTING ASIDE - Owners of cargo (the owners) onboard a vessel sought to set aside an Award under the Arbitration Act 1996 ('the Act'). The Tribunal found that the defendants had exercised due diligence and were not responsible for damage to the cargo (caused by a fire). Application of s 68(2)(g) and s 73 of the Act. Owners contended that new statements in their possession (which they did not have at the time of arbitration) demonstrated that the defendants' case at the Arbitration as to causation of the fire was false and was based upon perjured evidence. On the evidence it was found that the owners participated in the arbitration proceedings with knowledge of these grounds or at least the capacity to discover them (with reasonable diligence). Application dismissed.

Tidebrook Maritime Corporation v Vitol SA, (The "Front Commander") [2005] EWHC 2582 (Comm) QBD (Comm) (9 November 2005)
CHARTER PARTY – terms of charter on amended Asbatankvoy form - laytime specified not commence before earliest layday without charterer's consent – whether charterers effectively consented to laytime commencing early by instructing vessel to berth and tendering Notice of Readiness.

TTMI Ltd of England v ASM Shipping Ltd of India [2005] EWHC 2666 (Comm) QBD (Comm) (23 November 2005)
SHIPPING – ARBITRATION – vessel arrived late – charterers claimed damages due to increase in cargo price and loss of purchase contract – owners claimed unpaid freight and demurrage – owner sought to enforce arbitration award – owners in parlous financial state – charterers sought to vary order to include costs and a freezing order – whether security for costs should be part of order – freezing order not to be used as security for costs even if there is a risk that any award may be less effective.

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa & Anor [2005] EWHC 454 (Comm) (21 March 2005)
MARINE INSURANCE – ARBITRATION AGREEMENT – ANTI-SUIT INJUNCTION. Vessel collided with oil jetty at refinery. Application by insurers to set aside an interim anti-suit injunction, which restrained the insurers from proceeding with their claim against ship owners in Italy. Asbatankovy charterparty - contained an agreement to arbitrate in London. Whether the subrogated insurers are bound by the arbitration agreement, what law determines this question. Discussion of The Jay Bola. Held: by reference to English Law, insurers bound by arbitration agreement. Application of Through Transport and Angelic Grace makes it unnecessary to consider what weight should be attached to the negative reaction of the Italian courts (to the injunction) in this case. Under English conflicts rules, Article II.3 of New York Convention does not provide a ground for refusal of an anti-suit injunction.

Western Bulk Carriers K/S v Li Hai Maritime Inc (The 'Li Hai') [2005] EWHC 735 (Comm) (5 May 2005)
Time charter – NYPE form for 5/7 months with anti-technicality clause. The owners sought to withdraw for an asserted (minor – $500) underpayment. There was discussion of whether the sum in dispute was a cross-claim (The Nanfri [1978] 2 Lloyd's Rep 132 and other cases). The anti-technicality notice however was found to be invalid, withdrawal was therefore wrongful.

2004

Assicurazioni Generali SPA v CGU International Insurance Plc [2004] EWCA Civ 429; [2004] 1 Lloyd's Rep 457
reinsurance - "follow the settlements" clause - Insurance Co of Africa v Scor (UK) Reinsurance Co Ltd [1985] 1 Lloyd's Rep 312

Assimina Maritime Ltd. v Pakistan Shipping Corporation & Anor [2004] EWHC 3005 (Comm) (21 December 2004)
The 'Tasman Spirit' grounding. Scope of the court's jurisdiction under sections 43 and 44 of the Arbitration Act 1996 (dealing with the use of court procedures in an arbitration).

Atlanska Plovidba & Anor v Consignaciones Asturianas SA [2004] EWHC 1273 (Comm)
crane fell from deck into the harbour killing the crane driver and damaging the vessel and another vessel, appointment of an arbitrator where possible criminal prosecution in Spain.

The Bow Spring v The Manzanillo II [2004] EWCA Civ 1007
collision - appeal from Steel J - discussion of use of assessors and procedure therewith.

CMACGM SA v Classica Shipping [2004] EWCA Civ 1114
(overtuning Steel J) (12 February 2004) Limitation of liability available to charterer in action against it by shipowner in respect of dangerous goods loaded in breach of charterparty.
Appeal dismissed

Contigroup Companies Inc v Glencore AG [2004] EWHC 2750 (Comm) (25 November 2004)
Sale of cargo of butane, failure to deliver cargo on time. Breach of contract, damages.

Dairy Containers Ltd v Tasman Orient Line CV (New Zealand) [2004] UKPC 22
Correct interpretation of a damage limitation clause in a contract for the carriage of goods by sea. Contract contained in or evidenced by a bill of lading.

Fal Oil Co Ltd & Anor v Petronas Trading Corporation SDN BHD [2004] EWCA Civ 822
contract of sale, contamination of cargo, demurrage.

Glencore International A.G. v Alpina Insurance Company Ltd. & Ors [2004] EWHC 66; [2004] 1 Lloyd's Rep 567
cargo insurance, diverted cargo.

Gulf Azov Shipping Co Ltd & Ors v Idisi & Ors [2004] EWCA Civ 292
appeal against award of costs, loss of cargo, arrest of vessel, failure to provide security for release of vessel, seizure of crew, wrongful detention, contempt of court.

IF P & C Insurance Ltd (Publ) v Silversea Cruises Ltd & Ors [2004] EWCA Civ 769
cruise ship insurance.

International Traders Ferry Ltd v Adur District Council [2004] EWCA Civ 288
stop notice, use of quays

Jindal Iron and Steel Co Ltd v Islamic Solidarity Shipping Co Jordon Inc. [2004] UKHL 49
on appeal from [2003] EWCA Civ 144
Interpretation of the Hague and Hague-Visby Rules, in particular, article III, r. 2 and 8. An agreement, which transfers responsibility for loading, stowage and discharge from the shipowners to shippers, charterers or consignees, is not invalidated by article III, r. 8. Pyrene v Scindia Navigation [1954] 2 QB 402 and G H Renton & Co Ltd v Palmyra Trading Corporation of Panama [1957] AC 149 followed. Discussion of interpretation of international conventions.

Kastor Navigation v Axa Global Risks (UK) [2004] EWCA Civ 277
Marine insurance - constructive total loss - notice of abandonment

Kriti Akti Shipping Co. SA v Petroleo Brasiliero SA [2004] EWCA Civ 116; [2004] 1 Lloyd's Rep 712
Shelltime voyage charter clauses 3, 18 and 50, length of charter, legitimate last voyage, appeal dismissed.

Kronos Worldwide Ltd. v Sempra Oil Trading SARL [2004] EWCA Civ 3
(23 January 2004) relationship between commencement of laytime and opening of letter of credit.

Laemthong International Lines Co Ltd v Artis & Ors [2004] EWHC 2226 (Comm) (07 October 2004)
Possession of cargo without producing bill of lading. Application to set aside freezing order. Circumstances when after refusal of a freezing order by one judge, another approached.

Log-O-Mar AG v Craft Enterprises International Ltd & Ors [2004] EWHC 1836 (Comm) (27 July 2004)
Part of cargo (d-bars) damaged. Legally dangerous cargo. Breach of an implied term not to ship legally dangerous cargo. Dispute as to which ship was carrying the dangerous cargo.

Maersk Company Ltd & Anor v Wilson [2004] EWCA Civ 313
accident on ship, liability.

Maridive VII, Maridive XIII, Maridive 85 and Maridive 94, Owners, Masters and Crews of the tugs v Key Singapore, Owners and Demise Charterers of the oil rig [2004] EWHC 2227 (Comm)
(06 October 2004) Steel J
Salvage determination in connection with a rig. Allegation of salvor's fault, a neglect of Article 18 of the Salvage Convention. Appeal under s 69 Arbitration Act 1996. Towed by tugs in poor weather conditions. Apportionment of liability as between tug and tow regarding the failing to ensure that the flotilla heaved to in due time. Discussion of tug and tow and salvage authorities.

Marine Blast Ltd v Targe Towing Ltd & Anor [2004] EWCA Civ 346
(26 March 2004) claim for indemnity under towage contract.

Mayban General Assurance BHD & Ors v Alstom Power Plants Ltd & Anor [2004] EWHC 1038 (Comm) (07 May 2004)
Marine insurance. Transformer was damaged whilst being shipped. Whether damaged was caused by some unusual event or whether it was due to the transformer's inability to withstand the ordinary incidents of carriage by sea.

Mitsubishi Corporation v Eastwind Transport Ltd. & Ors [2004] EWHC 2924 (Comm) (15 December 2004)
Bills of lading with an extensive carrier's exemption clause. Whether this clause is effective to exempt the defendants from any potential liability for the claims arising in the case. Repugnancy of exclusion clause to main object of contract.

More Og Romsdal Fylkesbatar AS v The Demise Charterers of the Ship "Jotunheim" [2004] EWHC 671
DEMISE CHARTERER - WITHDRAWAL FOR LATE PAYMENT OF HIRE - WHETHER VALID - WAIVER - RELIEF AGAINST FORFEITURE
Charter-party, hire-purchase agreement. Clause providing for return of vessel to owner in the event of buyer-default. Late instalment, owners withdrew vessel. Barecon 89 form. Held: owners had right to withdraw vessel; constant pressing for hire, coupled with the threat of withdrawal, could not mean that a reasonable time had passed, therefore no waiver; the Court had jurisdiction to grant relief against forfeiture, however it was not appropriate to do so in this case.

NB Three Shipping Ltd. v Harebell Shipping Ltd. [2004] EWHC 2001 (Comm) (13 October 2004)
Barecon 89 Form cl 47 - dispute resolution clause - stay of court proceedings.

North Star Shipping Ltd. & Ors v Sphere Drake Insurance Plc & Ors [2004] EWHC 2457 (Comm) (27 October 2004)
Explosion damaged vessel. Insurance. Averting or minimising loss. Claim under sue and labour clause.

OT Africa Line Ltd. v Magic Sportswear Corporation & Ors [2004] EWHC 2441 (Comm) (03 November 2004)
Short delivery of goods. Foreign jurisdiction. Anti-suit injunction.

Portolana Compania Naviera Ltd v Vitol SA Inc & Anor [2004] EWCA Civ 864 Asbatankvoy - time lost by shift from pipeline berth to anchorage.

Standard Steamship Owners' Protection and Indemnity Association (Bermuda) Ltd. v GIE Vision Bail & Ors [2004] EWHC 2919 (Comm) (15 December 2004)
Duty free shop on board a ship. Its parent company obtained employers' liability cover on its behalf. Actual authority to bind. Construction of contract. Whether shop was a Joint Entrant in club rules. Jurisdiction clause.

Tame Shipping Ltd v Easy Navigation Ltd [ 2004] EWHC 1862
challenge to arbitration award under s 68 Arbitration Act 1996.

Thoresen & Co (Bangkok) Ltd v Fathom Marine Company Ltd & Ors [2004] EWHC 167 (Comm) ; [2004] 1 Lloyd's Rep 622
sale of ships, construction of contract.

Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Association Company Ltd [2004] EWCA Civ 1598 (02 December 2004)
Lost container. Did not reach destination. Insurance. Pay to be paid clause, arbitration clause, Scott v Avery clause. Arbitration. Issues of jurisdiction.

Torch Offshore Llc & Anor v Cable Shipping Inc. [2004] EWHC 787 (Comm) (07 April 2004) application to have arbitration award varied, misrepresentations and termination of charterparty.

Vrinera Marine Company Ltd. v Eastern Rich Operations Inc [2004] EWHC 1752 (Comm) (21 July 2004)
Whether costs of an arbitration were caused by breach of the obligation of seaworthiness in the head charter and/or were too remote in law to be recoverable.

Wise (Underwriting Agency) Ltd & Ors v Grupo Nacional Provincial SA [2004] EWCA Civ 962(20 July 2004) 2 Lloyds Rep 483 marine insurance - duty of good faith - waiver - affirmation.

2003

Ali Reza-Delta Transport Co Ltd. v United Arab Shipping Co SAG [2003] EWCA Civ 684; [2003] 2 Lloyd's Rep 450
liability, goods damaged while being loaded onto a trailer drawn by a dock truck.

Arkin v Borchard Lines Ltd. & Ors [2003] EWHC 687 (Comm); [2003] 2 Lloyd's Rep 225
carriage of goods, Rome Treaty Articles 81 and 82.

Arkin v Borchard Lines Ltd [2003] EWHC 2844 (Comm)
costs

Arkin v Borchard Lines Ltd & Ors No.3 [2003] EWHC 3088 (Comm)
third party proceedings

Borvigilant, owners of the Ship v Romina G, owners of the Ship [2003] EWCA Civ 935; [2003] 2 Lloyd's Rep 520
application of a Himalaya clause, collision between tug and tanker, claims in contract and tort.

The Bow Spring v The Manzanillo II [2003] EWHC 1802 (Adm)
Steel J collision, action in rem, "putting by"

Clegg v Olle Andersson (t/a Nordic Marine) [2003] EWCA Civ 320; [2003] 2 Lloyd's Rep 32
contract for sale of yacht, overweight keel, yacht rejected, breach of condition under Sale of Goods Act.

CMA CGM SA v Classica Shipping [2003] EWHC 641 (Comm) Steel J [2002] 2 Lloyd's Rep 50
whether charterer can use limitation convention when owner sues charterer.

Coopers Payen Ltd & Anor v Southampton Container Terminal [2003] EWCA Civ 1223
damage to a press which fell off a trailer being towed by a tug at a container terminal.

Daewoo Heavy Industries v Klipriver Shipping Ltd (The Kapitan Petko Voivoda)[2003] EWCA Civ 451 [2003] Lloyd's Rep 1
Deck cargo Art IV r 5

Evergreen Marine Corp v Aldgate Warehouse [2003] EWHC 667 (Comm) [2003] 2 Lloyd's REp 597
Moore-Bick J parties to a bill of lading, action to recover freight in respect of carriage of goods and demurrage.

Evialis S.A. v S.I.A.T. & Ors [2003] EWHC 863 (Comm) ; [2003] 2 Lloyd's Rep 377
insurance, jurisdiction, choice of law.

Fal Oil Co Ltd. & Ors v Petronas Trading Corporation SDN BHD [2003] EWHC 2225 (Comm) ; [2004] 1 Lloyd's Rep 9
contract of sale, contamination of cargo, demurrage.

Glencore International AG v Alpina Insurance Company Ltd. & Ors [2003] EWHC 2792 (Comm) ; [2004] 1 Lloyd's Rep 111
marine insurance

Granville Oil & Chemicals Ltd. v Davis Turner & Co. Ltd. [2003] EWCA Civ 570; [2003] 2 Lloyd's Rep 356
carriage of goods

Groupama Insurance Company Ltd. v Overseas Partners Re Ltd & Anor [2003] EWCA Civ 1846
marine insurance

ICL Shipping Ltd v Chin Tai Steel [2003] EWHC 2320 (Comm)
Colman J 1976 Limitation of Liability Convention - whether fund applied to a letter of undertaking given in Singapore.

If P&C Insurance Ltd v Silversea Cruises Ltd. & Ors [2003] EWHC 473 (Comm)
cruise ship insurance.

Import Export Metro Ltd. & Anor v Compania Sud Americana De Vapores S.A. [2003] EWHC 11 (Comm); [2003] 1 Lloyd's Rep 405
delivery of goods without production of original bills of lading, law and jurisdiction clause in bills of lading.

Indigo International Holdings Ltd & Anor v Brave Challenger, Owners and/or demise charterers of [2003] EWHC 3154 (Admlty)
sale contract, action in rem and action in personam.

Internaut Shipping GmbH & Anor v Fercometal Sarl [2003] EWCA Civ 812; [2003] 2 Lloyd's Rep 430
proceedings to elucidate the parties to a voyage charterparty and an arbitration.

Internaut Shipping v Sphinx Navigation [2003] EWCA Civ 812
Who is the party to the charterparty.

JI Macwilliam Co Inc v Mediterranean Shipping Company S.A. [2003] EWCA Civ 556; [2003] 2 Lloyd's Rep 113
whether the contract of carriage contained in or evidenced by the bill of lading prescribed a package limitation under the Hague Rules, the Hague-Visby Rules, or the US Carriage of Goods by Sea Act 1936.

Jindal Iron and Steel Co Ltd TCI Trans Commodities A.G. Hiansa S.A. v Islamic Solidarity Company Jordan Inc Islamic Solidarity Jordan Inc M/V "Jordan II" [2003] EWCA Civ 144
Art III rule 2 duty to load etc Pyrene v Scindia Navigation Devlin J discussed.

Jindal Iron and Steel Co. Ltd. & Ors v Islamic Solidarity Company Jordan Inc. & Anor [2003] EWCA Civ 144; [2003] 2 Lloyd's Rep 87
cargo allegedly damaged by defective loading, stowage or discharge, meaning and effect of Article III r.2 of the Hague-Visby Rules duty to load, Pyrene v Scindia Navigation Devlin J discussed.

'Jutha Rajprueck', persons interested in the cargo v Steamship Mutual Underwriting Association (Bermuda) Ltd. [2003] EWCA Civ 378; [2003] 2 Lloyd's Rep 107
English Admiralty Court jurisdiction in rem.

Kastor Navigation Co Ltd. & Anor v AGF M.A.T & Ors [2003] EWHC 472 (Comm)
costs, marine insurance, total loss of vessel caused by fire.

Nisshin Shipping Co Ltd. v Cleaves & Company Ltd. & Ors [2003] EWHC 2602 (Comm)
charterparties containing arbitration clauses, how a third party may enforce a promise of a benefit for him where there is an arbitration clause in the underlying contract.

Den Norske Bank ASA v Acemex Management Company Ltd [2003] EWCA (Civ) 1559
Mortgage of ship , duties of mortgagoee as to where and when to arrest.

Den Norske Bank ASA v Acemex Management Company Ltd [2003] EWHC 326 (Comm)
mortgage of ship, duties of mortgagee as to where and when to arrest.

Ocean Marine Navigation v Koch Carbon Inc (The Dynamic) [2003] EWHC 1936 (Comm) Simon J [2003] 2 Lloyd's Rep 693
time charter NYPE cl 60 - when off hire; whether redelivery; repudiation.

Okta Crude Oil Refinery AD v Mamidoil-Jetoil Greek Petroleum Company S.A. & Anor [2003] EWCA Civ 1031
shipment of goods, contract.

Owners of the Ship 'Topaz' v Owners of the Ship 'Irapua' [2003] EWHC 320 (Admlty) ; [2003] 2 Lloyd's Rep 19
collision case - Coll regs 1992 rr 15, 16 and 17.

P & O Nedlloyd B.v v Utaniko Ltd. [2003] EWCA Civ 83
loss of goods in containers, conversion, negligence, breach of duty in bailment, construction of bills of lading.

P & O Nedlloyd BV v Utaniko Ltd [2003] EWCA Civ 174
costs

Papera Traders Co Ltd & Ors v Hyundai Merchant Marine Co Ltd. & Anor [2003] EWHC 9018
costs

The Pearl v The Jahre Venture [2003] EWHC 838 (Admy) Gross J
Collision Case.

Peoples' Insurance Company of China & Anor v Vysanthi Shipping Co Ltd [2003] EWHC 1655 (Comm)
enforcement of arbitration award, bills of lading, jurisdiction.

Petroleo Brasileiro SA v Kriti Akti Shipping Co SA [2003] EWHC 1634 (Comm) [2003] Lloyd's Rep 584
Shelltime charter clauses 3, 18 and 50 - length of charter - legitimate last voyage.

Portolana Compania Nav Ltd v Vitol SA Inc [2003] EWHC 1904 (Comm)
claim for demurrage and additional agency fees and expenses due to unfitness of the sealine for discharge of cargo.

R J Tilbury & Sons (Devon) Ltd. (t/a East Devon Shellfish) v Alegrete Shipping Co Inc & Ors [2003] EWCA Civ 65
oil pollution from vessel, claim for loss of profit from fisheries company.

The Ship Topaz v The Ship Irapua [2003] EWHC 320 (Admy) Gross J
Collision Case - Coll Regs 1992 rr15, 16 and 17.

Siboti K/S v BP France SA [2003] EWHC 1278 (Comm) Gross J
incorporation of the charter into the bill of lading.

'Starsin', Owners of cargo & Ors v 'Starsin', Owners and/or demise charterers of [2003] UKHL 12
damage to cargo negligently stowed, liability of shipowner to cargo owners under bills of lading in contract and tort.

Sunport Shipping Ltd. & Ors v Tryg-Baltica International (UK) Ltd. & Ors [2003] EWCA Civ 12; [2003] 1 Lloyd's Rep 138
war risk insurance, question of construction of clause 4.1.5 of the Institute War and Strikes Clauses, Hulls - Time of 1.10.83.

Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd [2003] EWHC 3158 (Comm)
Foreign statute, role of characterisation under lex fori; anti-suit injunctions.

Trafigura Beheer BV v Golden Stavraetos Maritime Inc [2003] EWCA Civ 664
(15 May 2003) damages for breach of voyage charterparty, application to extend period in Article III Rule 6 of the Hague-Visby Rules.

Triton Navigation Ltd. v Vitol S.A. [2003] EWHC 46 (Comm) ; [2003] 1 Lloyd's Rep 151
charterer's liability for demurrage in respect of the detention of a ship.

Triton Navigation Ltd. v Vitol SA [2003] EWCA Civ 1715
charterer's liability for demurrage in respect of the detention of a ship, very good clear statement of duties of charterer and owner.

Welex A.G. v Rosa Maritime Ltd. [2003] EWCA Civ 938
claimant seeking declaration that no arbitration agreement was incorporated into a contract of carriage contained in or evidenced by a bill of lading, anti-suit injunction.

Ziemniak v ETPM Deep Sea Ltd. [2003] EWCA Civ 636; [2003] 2 Lloyd's Rep 214
marine engineer, accident in employment, Merchant Shipping Act.

2002

Agapitos & Anor v Agnew & Ors [2002] EWCA Civ 247; [2002] 2 Lloyd's Rep 42
marine insurance.

Alegrete Shipping Co Inc (Owners of the Ship 'Sea Empress') & Anor v The International Oil Pollution Compensation Fund 1971 & Ors [2002] EWHC 1095 (Admlty)
limitation proceedings, preliminary issue in the claim arising out of the grounding of a ship.

Bulfracht (Cyprus) Ltd. v Boneset Shipping Company Ltd. 'MV Pamphilos' [2002] EWHC 2292 (Comm); [2002] 2 Lloyd's Rep 681
arbitration award, claim for unpaid charter time and breach of contractual duty to re-deliver vessel in like good order and condition.

CMA CGM S.A. v Beteiligungs-Kommanditgesellschaft MS 'Northern Pioneer' & Ors [2002] EWCA Civ 1878
cancellation of charters.

Daewoo Heavy Industries Ltd. & Anor v Klipriver Shipping Ltd. & Anor [2002] EWHC 1306 (Comm)
whether a carrier by sea who carries cargo on deck in breach of a contract of carriage which is governed by the old Hague Rules can take advantage of Article IV rule 5 to limit his liability for loss or damage to that cargo.

'David Agmashenebeli', Owners of the Cargo v Owners of the Ship [2002] EWHC 104 (Admlty)
in what circumstances is a master entitled to decline to sign clean bills of lading.

Dover Harbour Board v Owners of the Star Maria [2002] EWHC 1423 (Admlty)
salvage claim.

East West Corporation v DKBS 1912 & Anor [2002] EWHC 83 (Comm) ; [2002] 2 Lloyd's Rep 182
Carriage of Goods by Sea Act 1992, delivery obligations under bills of lading and the law of Chile, scope of Article 4 of the Hamburg Rules.

East West Corp v DKBS 1912 & Anor [2002] EWHC 253 (Comm)
interest on costs.

Electrosteel Castings Ltd. v Scan-Trans Shipping & Chartering SDN BHD [2002] EWHC 1993 (Comm)
claim to set aside arbitration award giving entitlement to claim demurrage and/or damages for detention because not a party to the contract and therefore no valid arbitration agreement.

Flacker Shipping Ltd v Glencore Grain Ltd [2002] EWCA Civ 1068; [2002] 2 Lloyd's Rep 487
demurrage and despatch, invalid notice given about start of laytime.

Glencore Grain Ltd. v Goldbeam Shipping Inc. [2002] EWHC 27 (Commercial); [2002] 2 Lloyd's Rep 244
effect of laytime provisions on assessment of damages for detention of vessel.

Glencore International AG v Exter Shipping Ltd. & Ors [2002] EWCA Civ 524
whether there is jurisdiction in the English court to impose an anti-suit injunction against foreign shipowners in respect of their complaint in a United States District Court.

Great Peace Shipping Ltd. v Tsavliris (International) Ltd [2002] EWCA Civ 1407 ; [2002] 2 Lloyd's Rep 653
whether a mistake in contract where a contract made for a ship to save the crew of another ship said to be in close proximity but was actually 39 hours away.

Handelsbanken v Dandridge & Ors [2002] EWCA Civ 577; [2002] 2 Lloyd's Rep 421
war risks insurance.

Hewison v Meridian Shipping Pte & Ors [2002] EWCA Civ 1821
personal injury, merchant seaman crane operator.

Icon Navigation Corp v Sinochem International Petroleum (Bahamas) Co. Ltd. [2002] EWHC 2812 (Comm)
arbitration to recover a balance of freight said to be due under the charter, counterclaim in respect of the short delivery of cargo, construction of charter clause identifying cargo.

JI Macwilliam Co Inc v Mediterranean Shipping Company S.A. [2002] EWCA 593 (Comm); [2002] 2 Lloyd's Rep 403
whether the contract of carriage contained in or evidenced by the bill of lading prescribed a package limitation under the Hague Rules, the Hague-Visby Rules, or the US Carriage of Goods by Sea Act 1936.

Jan De Nul (UK) Ltd. v AXA Royale Belge SA [2002] EWCA Civ 209
insurance, dredging operation.

Kastor Navigation Co Ltd. & Anor v AGF M.A.T & Ors [2002] EWHC 2601 (Comm)
marine insurance, constructive total loss, notice of abandonment.

Kiriacoulis Lines SA v Compagnie D'assurances Maritime Aeriennes Et Terrestres (Camat) & Anor [2002] EWCA Civ 1070; [2002] 2 Lloyd's Rep 581
marine insurance.

Liberty Mutual Insurance Company (UK) Ltd. & Anor v HSBC Bank Plc [2002] EWCA Civ 691
construction of admiralty bonds.

Margolle & Anor v Delta Maritime Company Ltd. & Ors [2002] EWHC 2452 (Admlty)
collision case.

Maridive & Oil Services (SAE) & Anor v CNA Insurance Company (Europe) Ltd. [2002] EWCA Civ 369; [2002] 2 Lloyd's Rep 9
time charter, lease bond.

Nima SARL v The Deves Insurance Public Company Ltd [2002] EWCA Civ 1132; [2002] Lloyd's Rep IR 752
marine insurance, choice of law.

North Range Shipping Ltd. v Seatrans Shipping Corp. [2002] EWCA Civ 405; [2002] 2 Lloyd's Rep 1
appeal from arbitration dismissed, ship owner purported to terminate charter for non-payment of hire and withdrew vessel, charterer contended no proper notice under anti-technicality clause in charter.

Papera Traders Co. Ltd. & Ors v Hyundai Merchant Marine Co. Ltd. & Anor [2002] EWHC 118 ; [2002] 1 Lloyd's Rep 719
useful discussion by Creswell J re Articles III and IV Hague-Visby Rules, seaworthiness and exceptions.

Parsons Corporation & Ors v C.v Scheepvaartonderneming 'the Happy Ranger' [2002] EWCA Civ 694; [2002] 2 Lloyd's Rep 357
discussion of straight bills.

Roerig v Valiant Trawlers Ltd. [2002] EWCA Civ 21
assessing damages for loss of dependency, fatal accident on trawler.

Siboeva v MV Vitastar, the owners of the [2002] EWHC 370 (Admlty) ; [2002] 2 Lloyd's Rep 210
collision case.

Standard Chartered Bank v Pakistan National Shipping Corp [2002] UKHL 43
falsely dated bill of lading, mitigation of loss, causation.

Stocznia Gdanska SA v Latvian Shipping Company & Ors [2002] EWCA Civ 889 ; [2002] 2 Lloyd's Rep 436
breach of contract, construction of reefer vessels.

Strive Shipping Corp & Anor v Hellenic Mutual War Risks Association 'Grecia Express' [2002] EWHC 203 (Comm) ; [2002] 2 Lloyd's Rep 88
marine insurance, allegations of fraudulently casting vessels away, scuttling.

Sunport Shipping Ltd. & Ors v Atkin & Ors [2002] EWHC 235 (Commercial)
marine insurance.

Voaden v Champion [2002] EWCA Civ 89 ; [2002] 1 Lloyd's Rep 623
ship negligently moored caused another ship and pontoon to sink and damaged trot mooring, appeal on value of loss.

Welburn v Evert-M Ltd & Anor [2002] EWHC 2034 (Admlty)
claim arising out of accidental injury and death caused by equipment falling from berthed ship onto the quayside.

Welex AG v Rosa Maritime Ltd. [2002] EWHC 762 (Comm); [2002] 2 Lloyd's Rep 81
claimant seeking declaration that no arbitration agreement was incorporated into a contract of carriage contained in or evidenced by a bill of lading, anti-suit injunction.

2001

Aeolian Shipping SA v ISS Machinery Services Limited [2001] EWCA Civ 1162; [2001] 2 Lloyd's Rep 641
contract for spare parts for installation on a ship.

BMBF (No. 12) Limited v Harland and Wolff Shipbuilding and Heavy Industries Limited [2001] EWCA Civ 862 ; [2001] 2 Lloyd's Rep 227
shipbuilding contract, arbitration.

BP Exploration Operating Co Ltd v Chevron Shipping Co [2001] UKHL 50; [2002] 1 Lloyd's Rep 77
meaning of "owner", liability imposed on owner or bareboat demise charterer.

Delos, owners of cargo v Delos Shipping Ltd [2001] EWHC 486 (Comm)
claims that cargoes delivered underweight, short-delivered and contaminated with sea-water, manipulation of arbitration clause, arbitration clause in charterparty incorporated in bills of lading by express reference.

Demand Shipping Co Ltd [2001] EWHC Commercial 403
crew member moved the control lever of the fuel tank's emergency shut-off system causing vessel to ground which damaged the vessel, liability, contract of carriage.

Gannet Shipping Ltd v Eastrade Commodities Inc [2001] EWHC 483 (Comm); [2002] 1 Lloyd's Rep 713
arbitration, costs, claim for demurrage, wrongful exercise of supposed lien.

Glencore Grain Ltd v Flacker Shipping Ltd [2001] EWHC 503 (Comm) ; [2001] 1 Lloyd's Rep 754
demurrage and despatch, invalid notice given about start of laytime.

Gold Coast Ltd v Caja de Ahorros del Mediterraneo & Ors [2001] EWCA Civ 1806
shipbuilding contract, refund guarantees.

Goode v Martin [2001] EWCA Civ 1899
amendment of statement of claim, accident on yacht.

Gulf Azov Shipping Company Limited v Idisi [2001] EWCA Civ 505; [2001] 1 Lloyd's Rep 727
loss of cargo, arrest of vessel, failure to provide security for release of vessel, seizure of crew, wrongful detention, contempt of court.

K/S Merc-Scandia XXXXII v Certain Lloyd's Underwriters & and ors [2001] EWCA Civ 1275; [2001] 2 Lloyd's Rep 563
marine insurance.

MSC Mediterranean Shipping Company SA v The Owners of the Ship 'TYCHY' [2001] EWCA Civ 1198
slot charter hire, submission to jurisdiction in rem or in personam.

Manifest Shipping Company Limited v Uni-Polaris Shipping Company Limited and Others [2001] UKHL 1
marine insurance, assured had blind-eye knowledge that ship was unseaworthy.

The "Mineral Dampier" v Hanjin Madras [2001] EWCA Civ 1278; [2001] 2 Lloyd's Rep 419
collision case .

Motis Exports Ltd v Dampskibsselskabet Af 1912 Aktieselskab & Anor [2001] EWHC 500 (Admlty)
application for summary judgment, loss by misdelivery of goods.

Petroleo Brasiliero SA and Others [2001] EWCA Civ 418
jurisdiction.

Petroships Pte Ltd of Singapore v Petec Trading and Investment Corporation of Vietnam and Others [2001] EWHC Commercial 418
claim for loss of cargo, counterclaim for freight, pirates hijacked ship, frustration of charter, exception clauses in charter.

Raiffeisen Zentralbank & Ouml; Sterreich AG v An Feng Steel Co. Limited and Others 11th-15th [2001] EWCA Civ 1223
marine insurance.

Santos v Baltic Carrier, owners and/or demise charterers [2001] EWHC 500 (Admlty)
limitation of time, collision, personal injury.

Standard Chartered Bank v Pakistan National Shipping Corporation [2001] EWCA Civ 1225
falsely dated bill of lading, mitigation of loss, causation.

Stocznia Gdanska S.A. v Latvian Shipping Company & Ors [2001] EWHC 500 (Comm) ; [2001] 1 Lloyd's Rep 537
breach of contract, construction of reefer vessels.

TICC Limited v COSCO (UK) Limited [2001] EWCA Civ 1862
whether freight surcharge term incorporated into contracts for carriage evidenced in bills of lading.

Universial Bulk Carriers Ltd v Andre et Cie SA, Re [2001] EWCA Civ 588; [2001] 2 Lloyd's Rep 65
construction of charterparty.

2000

B S & N Ltd (BVI) v Micado Shipping Ltd (Malta) [2000] EWCA Civ 296; [2000] 2 Lloyd's Rep 37
construction of charterparty, whether a term was a condition the breach of which entitled the charterers to terminate automatically.

Cero Navigation Corporation v Jean Lion & CIE [2000] EWHC 207 (Comm)
construction of charterparty, whether strike during laytime interrupted the running of laytime.

China Shipbuilding Corporation v Nippon Yusen Kabukishi Kaisha & Anor [2000] EWHC 211 (Comm)
shipbuilding contracts, defects in welding, exclusion of liability.

Comatra Ltd & Anor v Various Underwriters [2000] EWCA Civ 244
marine insurance.

Cuflet Chartering v Carousel Shipping Co Ltd [2000] EWHC 200 (Comm)
whether devious behaviour in arbitration, repudiation of charter, arrest of vessel.

Eridania Spa & Ors v Oetker & Ors (The Fjord Wind) [2000] EWCA Civ 184; [2000] 2 Lloyd's Rep 191
loss and damage caused by unseaworthiness.

Groupama Navigation Et Transports v Catatumbo Seguros [2000] EWCA Civ 220; [2000] 2 Lloyd's Rep 250
reinsurance, hull and machinery cover.

Gulf Azov Shipping Company Ltd V Idisi [2000] EWHC 201 (Comm)
loss of cargo, arrest of vessel, failure to provide security for release of vessel, seizure of crew, wrongful detention, contempt of court.

Jones & Co Ltd v Vangemar Shipping Co Ltd 'The Apostolis' [2000] EWCA Civ 213; [2000] 2 Lloyd's Rep 337
cargo and ship damaged by fire, claim by cargo owners that ship owners in breach of contract on the basis of Hague-Visby Rules, counter-claim by ship owners that cargo owners in breach of contract in failing to load cargo carefully and contractually responsible for fire, demurrage.

Northern Shipping Company v Deutsche Seereederei Gmbh & Ors [2000] EWCA Civ 400; [2000] 2 Lloyd's Rep 255
dangerous cargo exploded causing ship to sink, damages for loss of cargo and indemnity.

Pirelli Cables Ltd v United Thai Shipping Corporation Ltd [2000] EWHC 195 (Comm)
validity of writ, whether RSC or CPR apply, damage to cargo, breach of contract of carriage, exclusive jurisdiction clause in bill of lading.

Rank Enterprises Ltd & Ors v Gerard [2000] EWCA Civ 15
construction of guarantee in respect of purchase of ships.

Scindia Steamship Navigation Company Ltd Bombay v Nippon Yusen Kaisha Ltd [2000] EWCA Civ 93
if a vessel is prevented by a port authority from discharging damaged cargo and ordered off berth until security is provided for the cost of storing that cargo in or removing it from the port, has the vessel been detained and who is responsible for providing the security.

Selat Arjuna, Owners Of The Ship v Contship Success, Owners Of The Ship [2000] EWCA Civ 121; [2000] 1 Lloyd's Rep 627
collision case.

Southampton Cargo Handling Plc v Lotus Cars Ltd & Ors [2000] EWCA Civ 252
theft of car awaiting export from docks, Himalaya clause, bill of lading.

Standard Chartered Bank v Pakistan National Shipping Corp & Ors [2000] EWCA Civ 230
falsely dated bill of lading, mitigation of loss, causation.

Trade Green Shipping Inc v Securitas Bremer Allgermeine Versicherungs A.G. [2000] EWHC Commercial 104
general average, towage, port charges, detention, period of maritime adventure, York-Antwerp Rules.

Tradigrain SA & Ors v King Diamond Marine Ltd 'The Spiros C' [2000] EWCA Civ 217; [2000] 2 Lloyd's Rep 319
bill of lading, shipper's liability to pay owner freight "payable as per" a charter, shipowner's entitlement to demand payment under bill of lading when it stipulates payment to a third party, implied term in bill of lading that shipper will discharge goods and in a reasonable time.

United Arab Shipping & Ors v Galleon Industrial Ltd [2000] EWHC 202 (Comm)
bill of lading jurisdiction clause.

Vale Do Rio Doce Navegacao SA & Anor v Shanghai Bao Steel Ocean Shipping Co Ltd. [2000] EWHC 205 (Comm)
arbitration, jurisdiction, contract of affreightment..

Yukong Line Ltd (SK Shipping Limited) v Rendsburg Investments Corporation & Ors [2000] EWCA Civ 358
damages, injunctive relief, repudiation of charterparty.

Zeus Tradition Marine Ltd v Bell [2000] EWCA Civ 188 ; [2000] 2 Lloyd's Rep 587
marine insurance.

1999

Baghlaf Al Zafer Factory Company & Anor v Pakistan National Shipping Company & Anor [1999] EWCA Civ 1034
jurisdiction, waiver of reliance on the package limitation under the Hague Rules.

Chapman & Co Ltd v Ve Ticaret [1998] EWCA Civ 400
marine insurance.

Cil & Ors v Turiddu, Owners Of The Ship & Anor [1999] EWCA Civ 1705
maritime lien over proceeds of sale of ship.

Dorimex SRL & Ors v Visage Imports Ltd [1999] EWCA Civ 1427
late shipment of goods.

Enif, Owners Of Ship v Alexia, Owners Of Ship [1999] EWCA Civ 1674
application for permission to appeal dismissed.

Gray & Stead [1999] EWCA Civ 1887; [1999] 1 Lloyd's Rep 377
whether standard of care required of an employer to his employee fisherman extended to a duty to provide him with a single chamber inflatable life jacket and a duty to instruct him to wear it whenever alone on deck.

Gulf Azov Shipping Company Ltd & Anor v Idisi & Ors [1999] EWHC 283 (Comm)
loss of cargo, arrest of vessel, failure to provide security for release of vessel, seizure of crew, wrongful detention, contempt of court.

Haji-Ioannou & Ors v Frangos & Ors [1999] EWCA Civ 1148; [1999] 2 Lloyd's Rep 337
admiralty jurisdiction, failure to prove existence of maritime claim in respect of which arrest of ship could occur.

Ingosstrakh Insurance Company Ltd & Ors v Latvian Shipping Company [1999] EWCA Civ 1830
marine insurance.

Lukoil-Kaliningradmorneft Plc v Tata Ltd & Anor [1999] EWCA Civ 1252
towage contract.

MSC Mediterranean Shipping Company SA v Owners Of Ship 'Tychi' [1999] EWCA Civ 1150; [1999] 2 Lloyd's Rep 11
appeal against refusal to release ship from arrest, slot charter meaning and discussion.

Overseas Medical Supplies Ltd v Orient Transport Services Ltd [1999] EWCA Civ 1449 ; [1999] 2 Lloyd's Rep 273
carriage of goods, failure of freight forwarding company to effect insurance, non-delivery of goods, limitation of liability.

Poseidon Schiffahrt GMBH v Nomadic Navigation Company Ltd [1999] EWCA Civ 818; [1999] 1 Lloyd's Rep 723
charterparty provisions, defects in vessel at time of delivery.

Prankerd, R (on the application of) v Carrick District Council & Carrick Harbour Authority [1999] EWCA Civ 791
distraint for unpaid mooring charges, private yacht.

Robb v FT Everard & Sons Ltd [1999] EWCA Civ 1022
accidental death on ship, negligence.

Surzur Overseas Ltd v Koros & Ors [1999] EWCA Civ 863 ; [1999] 2 Lloyd's Rep 611
sale of ships, conspiracy.

1998

Bawejem Ltd & Anor V M C Fabrications Ltd & Ors [1998] EWCA Civ 1910
interest in shipbuilding contract.

Borealis AB v Stargas Ltd & Ors [1998] EWCA Civ 1337
cargo not of contractual quality, meaning of section 3 of the Carriage of Goods by Sea Act 1992.

Bouygues Offshore SA v Caspian Shipping Company & Ors [1998] EWCA Civ 1077 ; [1998] 2 Lloyd's Rep 461
barge being towed in storm made a total loss, negligence, jurisdiction, limitation.

Canada Maritime Ltd v Oerlikon Aerospace Inc [1998] EWCA Civ 170
bill of lading, Himalaya clause.

Chinese Maritime Transport Ltd v A/S Vestmar [1998] EWCA Civ 290
charterparty, off-hire time.

Coven SPA v Hong Kong Chinese Insurance Co [1998] EWCA Civ 1573; [1999] Lloyd's Rep IR 565
marine insurance.

Effort Shipping Company Ltd v Linden Management SA and Others [1998] UKHL 1 ; [1998] 1 Lloyd's Rep 337
meaning of the words 'goods of an inflammable, explosive or dangerous nature' in Article IV, r. 6 of The Hague Rules, whether the shipper's liability for shipping dangerous goods under Article IV, r. 6 is qualified by the provisions of Article IV, r. 3, escape of liability by relying on section 1 of the Bills of Lading Act 1855, the nature and scope of any implied obligation at common law as to the shipment of dangerous goods.

Galaxy Energy International Ltd v Petr Shmidt (Novorossiysk Shipping Company) [1998] EWCA Civ 429; [1998] 2 Lloyd's Rep 1
demurrage.

Global Marine Projects Ltd v Colvic Craft Plc [1998] EWCA Civ 819
sale of craft in "Motoraway" form, defective craft.

Georgian Maritime Corporation Plc v Sealand Industries (Bermuda) Ltd [1998] EWCA Civ 861; [1999] 1 Lloyd's Rep 21
cancellation of charter.

Herceg Novi, Owners Of The Ship v Ming Galaxy, Owners Of The Ship [1998] EWCA Civ 1223; [1998] 2 Lloyd's Rep 454
collision, jurisdiction.

Humber Oil Terminal Trustee Ltd v Sivand, Owners Of Ship [1998] EWCA Civ 100
vessel damaged harbour installations, repairs done using a barge which collapsed, claim to recover extra cost of repairs due to unforeseen event.

Huyton SA v Jakil SPA [1998] EWCA Civ 525
arbitration, want of prosecution.

Hydro Agri Espana SA v Charles M Willie & Co (Shipping) Ltd [1998] EWCA Civ 273
renewal of a writ, limitation period, claim for cargo damage.

Islamic Investment Company ISA v Transorient Shipping Ltd & Anor [1998] EWCA Civ 1287; [1999] 1 Lloyd's Rep 1
cargo didn't comply with obligations under voyage charter and deviation from contractual route extended period of voyage, whether cargo which complied with the contractual description would have survived a voyage which was itself within the scope of the voyage sub-charterparty without suffering the kind of damage which in fact occurred.

Jordan National Shipping Line Company Ltd v El Rodwan Trading & Services Company Ltd [1998] EWCA Civ 1447
letter of indemnity, delivery without production of original bills of lading.

Latvian Shipping Comp v Insurance Company 'Ingosstrakh' Ltd & Anor [1998] EWHC 1201 (Comm)
marine insurance.

Major Shipping Company Ltd & Anor v Cosco Feoso (Singapore) Ltd [1998] EWCA Civ 1373
leave to appeal, interim injunction, bills of lading, arbitration, jurisdiction.

Den Norske Bank ASA (Incorporated Under The Laws Of The Kingdom Of Norway) v Antonatos & Anor [1998] EWCA Civ 649
fraud relating to purchase of resale of ships.

Rowan Companies Inc (A Body Corporate) & Ors v Lambert Eggink Offshore Transport Consultants Vof (A Body Corporate) & Ors [1998] EWCA Civ 1354
construction of Clause 24 of the Towcon International Standard Form for contracts of towage at sea.

Stocznia Gdanska SA v Latvian Shipping Co and Others [1998] UKHL 9 ; [1998] 1 Lloyd's Rep 609
breach of contract, construction of reefer vessels.

Tsako's Shipping & Trading SA & Anor v Centauras Mar (Orizon Tanker Company Ltd) [1998] EWCA Civ 567
order to allow inspections and tests to be carried out on a vessel the subject of a sale agreement.

Vitol Energy (Bermuda) Ltd v Pisco Shipping Co Ltd [1998] EWCA Civ 47; [1998] 1 Lloyd's Rep 509
limitation period, service out of jurisdiction, breach of obligations under charterparty and bill of lading.

Wunsche Handelsgesellschaft International mbH v Tai Ping Insurance Company Ltd & Anor [1998] EWCA Civ 388; [1998] 2 Lloyd's Rep 8
marine insurance.

1997

Total Transport Corporation v Arcadia Petroleum Ltd [1997] EWCA Civ 2754 (18 November 1997)

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