Fong
Yau Hei v (1) Gammon Construction Limited (2) Tung Shun Transportation &
Engineering Limited (3) Cheng Kan Ho (4) Leung Siu Wing (The "Shun King
6")
Hong Kong SAR Court of Final Appeal: Li CJ, Bokhary, Chan and Ribeiro PJJ
and Gault NPJJ: FACV No. 13 of 2007: 18 April 2008 ([2008] 3 HKLRD 604
PERSONAL INJURY: INJURIES SUSTAINED IN COURSE OF SHIPBOARD EMPLOYMENT: CLAIM FOR
COMPENSATION: LIMITATION OF LIABILITY UNDER THE MERCHANT SHIPPING (LIMITATION OF
SHIPOWNERS LIABILITY) ORDINANCE: THE CONVENTION ON LIMITATION OF LIABILITY FOR
MARITIME CLAIMS: WHETHER SHIPOWNER ENTITLED TO LIMITATION OF LIABILITY:
EXCEPTIONS: CONTROL OF EXEMPTION CLAUSES ORDINANCE
KG
Bominflot Bunkergesellschaft Für Mineralöle mbh & Co KG v Petroplus
Marketing AG (The "Mercini Lady")
English Commercial Court: Field J: [2009] EWHC 1088 (Comm): 22 May 2009
SALE OF GOODS CARRIED BY SEA: FOB EU GASOIL CONTRACT: IMPLIED TERMS /
CONDITIONS: WHETHER CARGO TO REMAIN ON-SPECIFICATION FOR A REASONABLE TIME
FOLLOWING SHIPMENT / APPROPRIATION TO THE CONTRACT: CARGO SPECIFICATION CLAUSE:
CERTIFICATE FINAL CLAUSE: EXCLUSION CLAUSE
Farenco
Shipping Co Ltd v Daebo Shipping Co Ltd (The "Bremen Max")
English Commercial Court: Teare J: [2008] EWHC 2755 (Comm): 11 November 2008
CHARTERPARTIES: DISCHARGE OF CARGO WITHOUT PRESENTATION OF BILLS OF LADING AT
CHARTERERS’ REQUEST: MISDELIVERY OF CARGO: ORDER OF SPECIFIC PERFORMANCE TO
REPLACE OWNERS’ SECURITY FOR RELEASE OF VESSEL FROM ARREST WITH CHARTERERS’
SECURITY: PROPER CONSTRUCTION OF LETTER OF INDEMNITY: WHETHER CHARTERERS OBLIGED
TO INDEMNIFY OWNERS
Maribus Shipping Company Ltd., as
Owner of the "Lacerta" v. Bottiglieri Di Navigazione S.p.A., as
Charterer
United States of America: Society of Maritime Arbitrators of New York:
Arbitration Award: Klaus C.J. Mordhorst, Chairman, Manfred W. Arnold and Alexis
Nichols, Arbitrators: 13 October 2007
SHIPPING: LATE RE-DELIVERY UNDER TIME-CHARTERPARTY: CHAIN OF TIME-CHARTERPARTIES
EACH INCLUDING SMA RULES PERMITTING CONSOLIDATION OF PROCEEDINGS: OWNER
COMMENCES ARBITRATION AGAINST HEAD-CHARTERER: WHETHER OWNER ENTITLED TO BRING
SUB-CHARTERERS INTO THOSE PROCEEDINGS WHEN NO PROCEEDINGS EXISTED UNDER EITHER
SUB-CHARTER
CTI Group Inc v
Transclear SA (The "Mary Nour")
English Court of Appeal: Ward, Moore-Bick and Rimer LJJ: [2008] EWCA Civ
856: 22 July 2008
CONTRACTS: INTERNATIONAL SALE OF GOODS: CEMENT: SHIPPING: FOB CONTRACTS: WHETHER
FAILURE OF SELLER TO SUPPLY CARGO AMOUNTED TO FRUSTRATION OF CONTRACT
Tsavliris Salvage (International) Limited v. The Grain Board of Iraq
English High Court: Commercial Court: Gross J.: [2008] EWHC 612 Comm: 1 April
2008
SALVAGE: LLOYD’S OPEN FORM: OBLIGATION OF CARGO INTERESTS TO PAY: ARTICLE 6.2
SALVAGE CONVENTION 1989: SOVEREIGN IMMUNITY: SOVEREIGN IMMUNITY ACT 1978,
S.9(1), S.10(4), S.14(1),(2)
Ferryways NV
v. Associated British Ports
English High Court: Queen’s Bench Division: Teare J.: [2008] EWHC 225 (Comm):
14 February 2008
SHIPPING: BIMCO CREW MANAGEMENT AGREEMENT - CREWMAN A COST PLUS FEE: DEATH OF
CHIEF OFFICER: CLAIMANT PAID COMPENSATION TO NEXT OF KIN UNDER CHIEF OFFICER'S
CONTRACT OF EMPLOYMENT: WHETHER CLAIMANT OR CREW MANAGERS LIABLE TO PAY
COMPENSATION UNDER THAT CONTRACT: WHETHER CLAIMANT HAD SUFFERED ANY LOSS:
WHETHER CLAIMANT AN UNDISCLOSED PRINCIPAL TO CONTRACT OF EMPLOYMENT: STANDARD
TERMINAL OPERATOR'S AND STEVEDORE'S CONDITIONS: EXCLUSION OF INDIRECT AND
CONSEQUENTIAL LOSS: WHETHER LIABILITY TO PAY COMPENSATION TO CHIEF OFFICER WAS
EXCLUDED AS A 'LIABILITY OF THE CUSTOMER TO ANY OTHER PARTY'
Samsun Logix
Corporation v. Oceantrade Corporation and Deval Denizcilik Ve Ticaret AS v.
Oceantrade Corporation and Samsun Logix Corporation
English High Court: Queen’s Bench Division: Commercial Court: Gross J.: [2007]
EWHC 2372 (Comm): 18 October 2007
TIMECHARTERPARTIES: TIMECHARTERERS IN BANKRUPTCY: BANKRUPTCY PROCEEDINGS TAKING
PLACE IN NEW YORK COURT: ENGLISH HIGH COURT FREEZING ORDERS: SUB-FREIGHTS HELD
IN ESCROW IN ENGLAND: PRIORITIES AS BETWEEN CREDITORS: WHETHER COURT RULING ON
PRIORITIES HAD UTILITY: LIEN ON SUB-FREIGHTS: WHETHER ARBITRATION AWARD HOLDING
LIEN VALID BINDING ON THIRD PARTIES: WHETHER LIEN EXERCISED IN TIME
CTI Group Inc v Transclear
SA
English High Court: Commercial Court: Field J.: [(2007] EWHC 2070 (Comm)
CONTRACTS: INTERNATIONAL SALE OF GOODS: CEMENT: SHIPPING: FOB CONTRACTS: WHETHER
FAILURE OF SELLER TO SUPPLY CARGO AMOUNTED TO FRUSTRATION OF CONTRACT: WHETHER
TERM TO BE IMPLIED THAT ‘ALL BETS WERE OFF’ IF THIRD PARTY INTERVENED TO
PREVENT THE SUPPLY OF THE CARGO: CAN FAULT OF SUPPLIER BE IMPUTED TO THE SELLER
IN THE ABSENCE OF A CONTRACT BETWEEN THEM?: WHICH PARTY BORE THE RISK OF FAILURE
OF SUPPLY?
ERG
Raffinerie Mediterranee Spa v Chevron USA Inc
English Court of Appeal: Buxton and Longmore LJJ, Sir Martin Nourse: [2007]
EWCA Civ 494: 22 May 2007
CONTRACTS - SALE OF GOODS – SHIPPING: CANCELLATION:
CONDITIONS: DELAY: DELIVERY: DEMURRAGE: FOB CONTRACTS: FRUSTRATION: LAYTIME:
LOADING: OIL AND GAS INDUSTRY: REPUDIATION: SHIPMENT: TERMINATION: TIME OF THE
ESSENCE: LAYCAN PROVISIONS: CREATION OF NON-STANDARD FOB CONTRACT IN WHICH TIME
OF SHIPMENT NOT OF ESSENCE
Reino de Espana v. The American
Bureau of Shipping, Inc.
United States of America: United States District Court for the Southern
District of New York; Hon. Laura Taylor Swain; 2008 U.S. Dist. LEXIS 3; January
2, 2008
SHIPPING: OIL POLLUTION: CLASSIFICATION SOCIETY: INTERNATIONAL CONVENTION ON
CIVIL LIABILITY FOR OIL POLLUTION DAMAGE: "ANY OTHER PERSON WHO… PERFORMS
SERVICES FOR THE SHIP: WHETHER A CONTRACTING STATE MAY BRING CLAIMS IN
JURISDICTIONS OTHER THAN THOSE PROVIDED BY THE CONVENTION
Robinson v. Orient
Marine Co. Ltd., et al.
United States of America : United Sates Court of Appeals for the Fifth
Circuit
505 F.3d 364 (5th Cir. October 19, 2007)
SHIPPING: INJURY TO LONGSHOREMAN: LIABILITY OF OWNER AND CHARTERER UNDER
LONGSHORE & HARBOR WORKERS’ COMPENSATION ACT: WHETHER CHARTERER OWED
LONGSHOREMAN A DUTY INDEPENDENT OF THE OWNER: WHETHER CHARTERER HAD CONTROL OF
STEVEDORE WHOSE NEGLIGENCE CAUSED THE INJURY: EFFECT OF CLAUSES IN CHARTERPARTY
ASSIGNING RESPONSIBILITY FOR CARGO OPERATIONS TO CHARTERER
Emerald Shipping Corp. v.
Elmhirst Pte., Ltd, as Owner of the "Neptune Dorado"
United States of America: New York Arbitration Award: Howard M McCormack,
Chairman, David W Martowski and Louis P Sheinbaum, arbitrators: Interim Ruling,
4 May 2007
ARBITRATION: SECURITY FOR CLAIM: CLUB LETTER OF UNDERTAKING: PROVISION REQUIRING
CLUB TO PROVIDE BOND AS SUBSTITUTE SECURITY: WHETHER TRIBUNAL HAD AUTHORITY TO
ORDER CLUB TO PROVIDE SUBSTITUTE SECURITY: PARTIES TO THE ARBITRATION:
INTERPRETATION OF SUBSTITUTE SECURITY PROVISIONS IN CLUB LETTER
R A International Ltd v The
Commissioners for HM Revenue & Customs
Special VAT Appeals Tribunal: Lady Mitting (Chairman) and Mr M Farooq:
(E01004) (2006): 29 November 2006
EXCISE DUTIES: CONSIGNMENT OF BEER TRANSPORTED UNDER MOVEMENT SUSPENSION
ARRANGEMENT FROM ENGLAND TO FRANCE: RECEIPTED ACCOMPANYING ADMINISTRATIVE
DOCUMENT ("AAD") NEVER RETURNED TO DESPATCHING WAREHOUSE: SUITABILITY
OF CMR DOCUMENT AS ALTERNATIVE EVIDENCE OF DELIVERY TO DESTINATION WAREHOUSE:
ASSESSMENT FOR UK DUTY ON THE LOAD: LIABILITY OF CARRIER AS GUARANTOR: EXCISE
DUTY POINTS (DUTY SUSPENDED MOVEMENTS OF EXCISE GOODS) REGULATIONS 2001 (SI
2001/3022) ('THE DSMEG
REGULATIONS'), REGS.3, 4 AND 7(1): HMRC NOTICE 197, S.71.1 AND S.71.2
AIC Ltd v ITS Testing Services (UK) Ltd
(The "Kriti Palm")
English Court of Appeal: Buxton and Rix LJJ, Sir Martin Nourse: [2007] 1
Lloyd’s Rep 555: 28 November 2006
INSPECTION COMPANY: CERTIFICATES OF QUALITY: FAILURE OF INSPECTION COMPANY TO
NOTIFY CLIENTS OF DEFECTS IN CERTIFICATES OF QUALITY: WHETHER FAILURE AMOUNTED
TO TORT OF DECEIT : WHETHER FAILURE AMOUNTED TO A BREACH OF DUTY: EFFECT OF
FAILURE ON S.32(1)(b) LIMITATION ACT 1980
(1) Izumo Mokko Co. Ltd and (2) Huiyang Shey
Chang Timber Co. Ltd v. T.S. Lines Limited
Hong Kong: Hong Kong District Court: Civil Action No. 3730 of 2005: HH Judge
Lok: 30 April 2007
SECURITY FOR COSTS: FOREIGN CORPORATIONS: DISCRIMINATION: DIFFICULTIES IN
ENFORCING JUDGMENT: FACTORS TO CONSIDER
(1) Zhoushan
Xinhong Aquatic Co. Ltd. (2) Kyoritsu Shoji Co. Ltd. v. (1) Sino Trans Limited
(2) China Shipping Container Lines (Hong Kong) Co. Ltd
Hong Kong District Court: Civil Action No. 540 of 2006: Judge H.C.Wong: 4
August 2006
Mr. Kerry of Messrs Crump & Co., for the Plaintiffs
Mr. Colin Wright, instructed by Messrs. Richards Butler, for the first Defendant
ADMIRALTY: STAY OF PROCEEDING: BILL OF LADING CONTAINING A FOREIGN JURISDICTION
CLAUSE: FACTORS TO CONSIDER
FONG YAU HEI
v. (1) GAMMON CONSTRUCTION LIMITED (2) TUNG SHUN TRANSPORTATION &
ENGINEERING LIMITED (3) CHENG KAN HO (4) LEUNG SIU WING (THE "SHUN KING
6")
High Court of Hong Kong, Court of First Instance: Mr Recorder B Yu SC:
Personal Injuries Action No. 1222 of 2003: [2006] HKCFI 57
PERSONAL INJURY: INJURIES SUSTAINED IN COURSE OF SHIPBOARD EMPLOYMENT: CLAIM FOR
COMPENSATION: LIMITATION OF LIABILITY UNDER THE MERCHANT SHIPPING (LIMITATION OF
SHIPOWNERS LIABILITY) ORDINANCE : THE CONVENTION ON LIMITATION OF LIABILITY FOR
MARITIME CLAIMS: WHETHER SHIPOWNER ENTITLED TO LIMITATION OF LIABLITY:
EXCEPTIONS: EMPLOYEES COMPENSATION ORDINANCE: Control
of Exemption Clauses Ordinance
Law Society v Sephton &
Co (a firm)
England: House of Lords: Lords Hoffmann, Scott, Rodger, Walker and Mance:
[2006] UKHL 22: 10 May 2006
PROFESSIONAL NEGLIGENCE: PERIOD OF LIMITATION: PURELY CONTINGENT LIABILITY:
COMMENCEMENT OF THE RUNNING OF TIME: FULFILMENT OF CONTINGENCY BEFORE TIME
COMMENCES TO RUN: LIMITATION ACT 1980, S.2 AND S.14A
Galaxy Special Maritime Enterprise v. Prima Ceylon (the MV Olympic
Galaxy)
English Court of Appeal (Civ Div):Mummery, Buxton and Longmore LJJ: [2006] EWCA
Civ 528: 3 May 2006
CONFLICT OF LAWS: SHIPPING: GENERAL AVERAGE: GENERAL AVERAGE BOND: WHETHER BOND
WAS GOVERNED BY ENGLISH LAW: WHETHER ENGLAND WAS THE APPROPRIATE FORUM
Dadourian Group International
Inc v Simms and Others
English Court of Appeal: Ward, Arden and Moore-Bick LJJ: [2006] EWCA Civ
399: 11 April 2006
WORLDWIDE FREEZING ORDER ("WFO"): APPLICATION FOR PERMISSION TO
ENFORCE WFO ABROAD: GUIDANCE FOR CONSIDERING WFO ENFORCEMENT APPLICATIONS
Barker v Corus (UK) plc and
two other cases
England: House of Lords: Lords Hoffmann, Scott, Rodger and Walker and
Baroness Hale: [2006] UKHL 20: 3 May 2006
MESOTHELIOMA: NEGLIGENT EXPOSURE TO ASBESTOS BY MORE THAN ONE EMPLOYER AND BY
CLAIMANT HIMSELF: "INDIVISIBLE" INJURY: CLAIMANT UNABLE TO PROVE WHICH
EXPOSURE CAUSED DISEASE TO DEVELOP: CONTRIBUTORY NEGLIGENCE: THE PRINCIPLE IN
FAIRCHILD V. GLENHAVEN FUNERAL SERVICES LTD [2002] UKHL 22: WHETHER FULL RIGOUR
OF JOINT AND SEVERAL LIABILITY SHOULD PREVAIL: WHETHER FAIRER TO ATTRIBUTE
LIABILITY IN PROPORTION TO RELATIVE DEGREE OF CONTRIBUTION TO THE RISK OF
DISEASE BEING CONTRACTED: ‘DIVISIBLE’ DAMAGE
Haward & Others v Fawcetts &
Others
English House of Lords: Lords Nicholls, Scott, Walker, Brown and Mance:
[2006] UKHL 9: 5 June 2006
PROFESSIONAL NEGLIGENCE: LIMITATION PERIOD FOR CLAIM: S.14(A) LIMITATION ACT
1980: WHAT KNOWLEDGE IN THE CLAIMANT WILL START LIMITATION PERIOD RUNNING: IS
KNOWLEDGE THAT HE HAS A CLAIM REQUIRED OR DOES ENOUGH KNOWLEDGE TO INVESTIGATE
THE POSSIBILITY OF A CLAIM SUFFICE?
(1) Jet Holding Ltd, (2) Jet Shipping Ltd (3) Jet Drilling (S) Pte Ltd and (4)
Maurel et Prom v. (1) Cooper Cameron (Singapore) Pte Ltd and (2) Stork
Technology Services Asia Pte Ltd
Singapore High Court: Belinda Ang Saw Ean J.: [2005] SGHC 149: 22 August 2005
BREACH OF CONTRACT: NEGLIGENCE: NEGLIGENT MISSTATEMENT: TITLE TO SUE: IMPLIED
TERMS: FAILURE TO DOCUMENT PROOF OF DAMAGES
AIC Ltd v ITS Testing Services
(UK) Ltd
English High Court, Commercial Court: Cresswell J.: [2005] EWCA Comm. 2122:
7 December 2005
INSPECTION COMPANY: CERTIFICATES OF QUALITY: FAILURE OF INSPECTION COMPANY TO
TAKE REASONABLE CARE TO ENSURE CONTENTS OF CERTIFICATE ACCURATE: BREACH OF DUTY:
FAILURE OF INSPECTION COMPANY TO NOTIFY CLIENTS OF DEFECTS IN CERTIFICATES:
DECEIT : DAMAGES
Aer Lingus v (1) Gildacroft Ltd (2)
Sentinel Lifts Ltd
English Court of Appeal: Sir Anthony Clarke MR, Rix and Moore-Bick LJJ:
[2006] EWCA Civ 4: 17 January 2006
CONTRIBUTION UNDER THE CIVIL LIABILITY (CONTRIBUTION) ACT 1978: WHETHER TIME
LIMIT UNDER S.10 LIMITATION ACT 1980 RUNS FROM DATE OF DETERMINATION OF
LIABILITY OR FROM DATE OF DETERMINATION OF QUANTUM, IF LATER
SHV Gas Supply & Trading
SAS v Naftomar Shipping & Trading Co Ltd
English High Court: Commercial Division: Clarke J.: [2005] EWHC 2528 Comm.:
15 November 2005
SALE OF GOODS: SHIPPING: CIF SALE CONTRACT: WHETHER LAYCAN PROVISION A SHIPMENT
PERIOD: SHIPMENT WITHIN A REASONABLE TIME: FORCE MAJEURE CLAUSE: WHETHER CLAUSE
EFFECTIVE TO PREVENT CANCELLATION: WHETHER NOTICE PROVISION A CONDITION
PRECEDENT: ESTIMATED TIMES OF ARRIVAL AT DISCHARGE PORTS: WHETHER BASED ON
REASONABLE GROUNDS: NEED TO MAKE REASONABLE ENQUIRIES
Transportes Coal-Sea de
Venezuela C.A., as owners of the Hopper Barge TCSV-2, v. Ship Management &
Transport of Limassol, as agents for the owners of the m.v.
""Somerset"" ("SMT")
United States of America: Society of Maritime Arbitrators of New York Inc.:
Raymond J. Burke, Jr. (Chair), Manfred W. Arnold and Louis P. Sheinbaum; 3892,
July 28, 2005
RESPONSIBILITY FOR UNMANNED BARGE SINKING ALONGSIDE SHIP DURING CARGO TRANSFER
OPERATIONS: WHETHER BARGE SUBJECT OF A MARITIME BAILMENT: EXCLUSIVE POSSESSION
AND CONTROL: : BURDEN OF PROOF: WHETHER BARGE SEAWORTHY: WHETHER SHIP SEAWORTHY:
WHETHER SHIP’S COMPLEMENT NEGLIGENCE
Mora Shipping Inc v Axa Corporate
Solutions Assurance SA and others
English Court of Appeal: Ward, Clarke and Neuberger LJJ.: [2005] EWCA Civ
1069: 28 July 2005
SHIPPING: GENERAL AVERAGE: GUARANTEES: INSURANCE : JURISDICTION: COUNCIL
REGULATION 44/2001: LUGANO CONVENTION 1988: PLACE OF PERFORMANCE:
PAYMENT TO BE MADE TO "THE SHIPOWNERS OR TO THE AVERAGE ADJUSTERS":
AVERAGE ADJUSTERS IN LONDON, SHIPOWNERS ABROAD: WHETHER SHIPOWNERS OR CARGO
INSURERS ENTITLED TO EXERCISE OPTION
Galaxy Special Maritime
Enterprise v Prima Ceylon Ltd
English Commercial Court: Arthur Marriott QC, sitting as Deputy Judge: 15
July 2005
SHIPPING: GENERAL AVERAGE: GENERAL AVERAGE BOND: PROPER LAW OF LLOYD'S AVERAGE
BOND: CONFLICT OF LAWS: FORUM NON CONVENIENS
Carisbrooke Shipping CV5 v Bird Port Limited (The "Charlotte C")
English Commercial Court: Nigel Teare QC: [2005] EWHC 1974 (Admlty): 13 September
2005
DAMAGE TO SHIP BY CONTACT WITH SUBMERGED OBJECT IN BERTH: NEGLIGENCE: DUTY OF
CARE: REQUIREMENTS TO DISCHARGE DUTY OF CARE: QUANTIFICATION OF DAMAGES: LOSS OF
FREIGHT: SUPERINTENDENT’S COSTS: "AGENCY" FEE OF 1% OF QUANTUM
Povey v Qantas Airways and British
Airways
Australia: High Court of Australia. [2005] HCA 33: 23 June 2005
INTERNATIONAL CARRIAGE BY AIR – PASSENGER CLAIM FOR DAMAGES FOR DEEP VEIN
THROMBOSIS ALLEGEDLY SUSTAINED DURING OR AFTER CARRIAGE – WHETHER CARRIERS
WERE LIABLE UNDER ARTICLE 17 WARSAW CONVENTION AS AMENDED – WHETHER APPELLANT’S
DEEP VEIN THROMBOSIS WAS CAUSED BY AN "ACCIDENT" WITHIN ARTICLE 17 OF
THE CONVENTION
OT Africa Line Ltd v
Magic Sportswear Corporation and Others
English Court of Appeal: Laws, Rix and Longmore LJJ.: [2005] EWCA Civ 710:
13 June 2005
CONTRACT OF CARRIAGE: EXCLUSIVE JURISDICTION CLAUSE: PROCEEDINGS COMMENCED IN
CANADA IN RELIANCE ON CANADIAN MARINE LIABILITY ACT 2001: CONFLICT OF LAWS: ANTI
SUIT INJUNCTIONS: INTERNATIONAL COMITY
Spector v. Norwegian Cruise
Line Ltd.
United States: Supreme Court: Anthony M. Kennedy, Justice: June 6, 2005: No.
03-1388: 545 U.S.
INTERNATIONAL LAW: STATUTORY CONSTRUCTION: CLEAR STATEMENT RULE: AMERICANS WITH
DISABILITIES ACT (ADA): CONSTRUING DOMESTIC LAW TO AVOID CONFLICT WITH
INTERNATIONAL CONVENTIONS
Laemthong
International Line Co Ltd v Abdullah Mohammed Fahem & Co
English Court of Appeal: Sir Andrew Morritt VC, Clarke and Neuberger LJJ.:
[2005] 1 Lloyd’s Rep. 655: 5 May 2005
CHARTERPARTY: DELIVERY OF CARGO WITHOUT PRESENTATION OF BILL OF LADING: EXPRESS
INDEMNITY IN CHARTER: CHARTERERS OBTAIN INDEMNITY FROM RECEIVERS: WHETHER OWNERS
CHARTERERS’ AGENTS FOR DELIVERY OF CARGO TO RECEIVERS: WHETHER OWNERS ENTITLED
TO ENFORCE RECEIVERS’ INDEMNITY UNDER CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
1999
Curtis Callais
Welding, Inc. v. Stolt Comex Seaway Holdings, Inc.
United States Court of Appeals for the Fifth Circuit: Judges Jones, Smith,
and Stewart: No. 04-30003 (5th Cir. 2005): 22 February 2005
service agreement: choice-of-law:
general maritime law: indemnity: negligence: agents: EMPLOYEES
Tidewater Marine Service C.A. v.
Gulf of Paria East Operating Company
United States of America: Arbitration Award: Society of Maritime Arbitrators
of New York: Donald J. Szostak, Chairman, Jack Berg and David W. Martowski,
Arbitrators: 2 June 2004
BAREBOAT CHARTERPARTY: BARGE: REDELIVERY IN LIKE GOOD ORDER AS ON DELIVERY:
DID CHARTERPARTY TERMS APPLY TO AN EXPLOSION THAT OCCURRED DURING TANK CLEANING
AFTER BARGE LEFT CHARTERER’S SERVICE: WHEN DID REDELIVERY OCCUR?: CAUSE OF
EXPLOSION: NEGLIGENCE OF CLEANING CONTRACTORS: WHETHER CHARTERER
RESPONSIBLE FOR NEGLIGENCE OF CONTRACTORS: RESPONSIBILITY FOR THIRD PARTY
EQUIPMENT ON BOARD
Edlow International
Company v. BBC Chartering & Logistics GmbH & Co. KG.
United States of America: Arbitration Award: Society of Maritime Arbitrators
of New York: David Martowski, as Sole Arbitrator: 6 January 2004
LINER BOOKING NOTE: CARRIAGE OF URANIUM HEXAFLOURIDE IN CYLINDERS: WHETHER
DIMENSIONS MISDESCRIBED: WHETHER CARRIER ENTITLED TO ADDITIONAL FREIGHT: CLAUSE
IN BILL OF LADING ALLOWING DOUBLE FREIGHT TO BE CHARGED WHERE CARGO MISDESCRIBED:
ADDITIONAL FREIGHT PAID "UNDER PROTEST": WHETHER A VOLUNTARY PAYMENT:
SHIP DETAINED FOR REMOVAL OF LASHING EQUIPMENT: WHETHER CARRIER ENTITLED TO
DETENTION
Tatyana Powell and Others v. American
Bureau of Shipping and Others
United States of America: Norfolk Circuit Court, Fourth Judicial Circuit of
Virginia: No. CL1623-03: 16 September 2004:unreported
wrongful death: contribution and
indemnity: settlement and release
Chembulk Trading LLC v. Chemex
Ltd.; Novorossiysk Company v. Chemex Ltd.
United States Court of Appeals for the Fifth Circuit: Judges King, Smith and
Garza: 2004 U.S. App. LEXIS 25185 (5th Cir. 2004): 8 December 2004
Maritime: time-charter party; freights:
sub-freights: contractual lien: maritime lien: Whether "freights"
includes "sub-freights"
Stevens Technical
Services, Inc. v. Mormac Marine Enterprises, Inc.
United States of America: United States District Court for the Eastern
District of New York: Judge Ross: docking
pilot: exculpatory clause: exoneration: gross negligence: indemnification: pilot
ticket: wilful misconduct
First Commercial
Bank and Others v. the Owners of "Mandarin Container", "Kingdom
Container" and "Liberty Container"
Hong Kong Admiralty Court: Waung J.: 9 November 2004
Mortgagee action: default of payment:
whether default interest amounted to a penalty: penalty clause: liquidated
damages: construction of a contract: freedom of contract: whether it is
unconscionable, oppressive or extravagant
Margaret Brennan v Bolt Burdon &
Others
English Court of Appeal: Sedley and Maurice Kay LJJ., Bodey J.: [2004] EWCA
Civ 1017: 29 July 2004
LITIGATION: SETTLEMENT AGREEMENT: SUBSEQUENT CHANGE IN THE LAW: DECLARATORY
THEORY OF JUDICIAL DECISIONS: MISTAKE OF LAW: WHETHER SETTLEMENT AGREEMENT
VOIDABLE: PUBLIC POLICY
The "RSS Courageous"
NG Keng Yong v Public Prosecutor
Singapore High Court: Yong Pung How CJ: 13 August 2004
COLLISION BETWEEN NAVY SHIP AND MERCHANT SHIP: CRIMINAL OFFENCE OF CAUSING DEATH
BY NEGLIGENT ACT UNDER SECTION 304A SINGAPORE PENAL CODE: VESSELS ON RECIPROCAL
COURES: WHETHER INVOLVED RISK OF COLLISION: BREACH OF RULE 14(a) COLLISION
REGULATIONS: STANDARD OF CARE EXPECTED OF TRAINEE OFFICER: WHETHER CONTRIBUTORY
NEGLIGENCE OF MERCHANT SHIP BROKE CHAIN OF CAUSATION
Fal Oil Co Limited and another v
Petronas Trading Corporation
English Court of Appeal: Judge, Buxton and Mance LJJ.: 7 July 2004
SALE CONTRACT: DELIVERY OF OIL: EXCESS WATER CONTENT: WHETHER PRESENT AT POINT
OF TRANSFER: BURDEN OF PROOF: DEMURRAGE: WHETHER DEMURRAGE PROVISION UNDER SALE
CONTRACT AN INDEPENDENT OBLIGATION OR AN INDEMNITY
In re
Rationis Enterprises, Inc. of Panama as Owner of the MSC CARLA
United States: Federal Court for the Southern District of New York: Judge
Richard Owen: 2004 U.S. Dist. LEXIS 12994: 12 July 2004
Products Liability: Negligence:
Manufacturer: Seller: Defect
More OG Romsdal Fylkesbatar AS -v- The Demised
Charterers of the Ship "Jotunheim"
English Commercial Court: Cooke J.: 12 March 2004
SHIPPING: DEMISE CHARTERPARTY: FAILURE TO PAY ON TIME AND IN FULL: WHETHER TIME
OF THE ESSENCE: SALE OF GOODS ACT 1979 s.10: WAIVER: FORFEITURE: CONDITIONS FOR
RELIEF
General Maritime Management
LLC v. ST Shipping & Transport, Inc.
United States of America: United States District Court for the Southern
District of New York: Judge Harold Baer: 04 Civ. 04050: Judge Harold Baer: 9
June 2004
Federal Question Jurisdiction: Bureau of
Customs and Border Protection: International Carrier Bond: Standard Carrier
Alpha Code: Carrier: Trade Act of 2002: Maritime Security Act of 2002
Malaysian International Shipping Corp. Berhad v VI SA Australia Pty Limited
Australia: Victorian Court of Appeal: Phillips, Buchanan and Chernov JJ: [2003]
VSCA 64: 30 May 2003
CONTRACT: CARRIAGE OF GOODS BY SEA: DUTY TO RETURN CONTAINERS: LIABILITY OF
"MERCHANTS": LIABILITY OF CONSIGNEE WHERE CONTAINERS UNPACKED BY
CONSIGNEE’S CUSTOMERS: MEANING OF "MERCHANT"
Becker v. Poling
Transportation Co.
United States Court of Appeals for the Second Circuit: Judges Winter,
Katzman and Goldberg: 356 F.3d 381 (2d Cir. 2004): 2 February 2004
independent contractor: negligent
hiring: vicarious liability: direct liability: proximate or intervening cause
Thoresen & Co
(Bangkok) Limited v Favom Marine Co Limited & Others
English Commercial Court: Langley J.: [2004] EWHC 167 (Comm): 9 February
2004
SHIP SALE CONTRACT: SUBJECT DETAILS: WHETHER BINDING CONTRACT HAD BEEN CONCLUDED
Shipping Force Co. Ltd & Marine
Managers Ltd, as Owners and Managers of the m/v Sea Trident v. American
Bureau of Shipping
Society of Maritime Arbitrators, New York: Louis G Juliano, Chairman, Peter
D Clark and Francis M O’Regan, Arbitrators
CLASSIFICATION SOCIETY: PRELIMINARY AND REVISED SURVEY REPORTS: NEGLIGENT
MISREPRESENTATION: RELIANCE: NEGLIGENT PERFORMANCE OF CONTRACTUAL DUTIES
Noble Shipping, Inc. v.
Euro-Maritime Chartering Ltd
United States District Court for the Southern District of New York: Cote,
Judge: No. 03 Civ. 6039, 2003 U.S. Dist. LEXIS 23008
Maritime attachment: garnish: maritime
contract: arbitration: writ of attachment: Rule B(1) of the Supplemental Rules
for Certain Admiralty and Maritime Claims: debt due and owing
UCO Bank v. Golden View Maritime Pte Ltd:
[2003] SGHC 271
Singapore High Court: Belinda Ang J: 31 October 2003
CIVIL PROCEDURE: MAREVA INJUNCTION
AGAINST DISPOSAL OF VESSEL: RISK OF
DISSIPATION OF ASSETS
Pan United Shipping Pte Ltd v. Cendrawasih
Shipping Pte Ltd: [2004] SGHC 32
Singapore High Court: Tan Lee Meng J:
20 February 2004
SHIPPING: LOSS OF CARGO CARRIED
BY BARGE UNDER TOW: WHETHER TUG
AND TOW UNDER DEMISE CHARTERPARTY:
CHARACTERISTICS OF DEMISE CHARTERS
MAN B & W S E Asia Pte Ltd and Another v
PT Bumi
International Tankers
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick
Tin JA,
Tan Lee Meng J:[2004] SGHC 8: 9 March 2004
NEGLIGENCE: WHETHER SUPPLIER AND
MANUFACTURER OF ENGINE TO A
NEWBUILDING
OWED DUTY OF CARE TO SHIPOWNER: WHETHER
SHIPOWNER CAN RECOVER FOR
PURE ECONOMIC\
LOSS
Kronos Worldwide Ltd v Sempra Oil
Trading S.A.R.L
English Court of Appeal: Thorpe and Mance LJJ., Evans-Lombe J: 23 January
2004
SALE CONTRACT: OBLIGATION TO PROVIDE LETTER OF CREDIT: LAYTIME: WHETHER TIME TO
COUNT BEFORE LETTER OF CREDIT PROVIDED
CMA CGM S.A. v Classica Shipping Co Ltd (The ‘CMA Djakarta’)
English Court of Appeal: Waller, Longmore, Neuberger LLJ.: [2004] EWCA Civ
114: 12 February 2004
WHETHER TIMECHARTERERS ENTITLED TO LIMIT LIABILITY AGAINST CLAIMS BY SHIPOWNERS
AND/OR CARGO OWNERS: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS
1976: MERCHANT SHIPPING ACT 1995: CONSTRUCTION OF INTERNATIONAL CONVENTIONS: THE
‘AEGEAN SEA’ [1998] 2 LLOYD’S REP 39 OVERRULED
PT Bumi International Tankers v. Man B & W S E Asia Pte Ltd and Mirrlees
Blackstone Ltd
Singapore High Court: Judith Prakash J: [2003] SGHC 152: 18 July 2003
NEGLIGENCE: WHETHER SUPPLIER AND MANUFACTURER OF ENGINE TO A NEWBUILDING OWED
DUTY OF CARE TO SHIPOWNER: WHETHER SHIPOWNER CAN RECOVER FOR PURE ECONOMIC LOSS
Fal Oil Co Ltd and Credit Agricole Indosuez
(Suisse) SA v Petronas Trading Corp SDN BHD (the Devon)
English Commercial Court: Morison J.: 10 October 2003: [2003] EWHC 2225 (Comm)
Sale contract: c & F sale of oil:
Delivery by ship-to-ship transfer: alleged short delivery: water content in
excess of permitted level: conflict of expert evidence: burden of proof:
standard of proof: balance of probabilities: liability for demurrage: indemnity
or independent obligation
Williams v. Wilmington Trust
Company
United States Court of Appeals for the Second Circuit: Judges Calabresi,
Katzmann and Pollack: No. 02-9452, 2003 U.S. App. LEXIS 19931: September 25 2003
Maritime: Wages: seaman: Wage penalty:
registered owner: Bareboat charterer: whether registered owner or bareboat
charterer responsible for wage penalty
Den Norske Bank ASA v Acemex Management Co Ltd (The "Tropical Reefer")
English Court of Appeal: Brooke, Longmore, Jacob LLJ.: [2003] EWCA Civ 1559:7
November 2003
ship mortgage: whether mortgagee owed
mortgagor common law or equitable duty of care: Whether mortgagee
had duty to obtain a 'proper price' on sale: whether ship mortgagee obliged to
respect shipowners' contracts with cargo: Whether separate defence for ship
mortgages
Nisshin Shipping Co Ltd v Cleaves
& Co Ltd & Others
London Commercial Court: Colman J: 7 November 2003
PRIVITY OF CONTRACT: CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 ss.1 and 8:
THIRD PARTY'S RIGHT TO ENFORCE CLAIM AGAINST PROMISOR BY ARBITRAL
REFERENCE: ARBITRATORS' JURISDICTION TO DETERMINE BROKER'S CLAIMS FOR
COMMISSION UNDER CHARTERPARTIES
Garry Ammar v. United States of America
United States Court of Appeals for the Second Circuit: Judges: Van
Graafeiland, Kearse and B.D. Parker, Jr.: 342 F.3d 133: August 29, 2003
Jones Act: Unseaworthiness:
Maintenance: Contributory Negligence: Assumption of Risk: Discounting Future
Pecuniary Awards
Feoso Maritime Co Ltd v Faith
Maritime Co Ltd; The "Daphne L"
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA, Belinda Ang
Saw Ean J: 25 August 2003)
switched bill of lading issued without
carrier’s authority: WHETHER CARRIER CAN MAINTAIN CONTRACTUAL LIEN
AGAINST CARGO OWNER WHO WAS NOT HOLDER OF ORIGINAL BILL OF LADING: WHETHER demurrage
AND LIEN CLAUSES IN CHARTERPARTY INCORPORATED INTO ORIGINAL BILL OF LADING:
WHETHER VESSEL WAS AN ARRIVED SHIP
Otto Candies v. Nippon Kaiji Kyokai Corp.
United States Court of Appeals for the Fifth Circuit: Judges Jones,
Benavides and Kazen September 2003
Shipping: Classification society,
negligent misrepresentation, classification certificates
UCO Bank v Golden Shore
Transportation Pte Ltd; The "Asean Pioneer"
Singapore High Court: Woo Bih Li, J: 25 June 2003
forum: whether bill of lading clause a
jurisdiction clause: whether strong cause against stay: use of switched bills of
lading: delivery without production of bills of lading: whether defence of
consent or acquiescence
Stevens Shipping &
Terminal Co. v. Japan Rainbow II MV
Fifth Circuit Court of Appeals: Circuit Judges Duhe, Garza, and DeMoss
vessel on Charter: Charterparty
contained a no-lien Clause: Services rendered to vessel for account of charterer:
charterer defaults: service provider claims maritime lien against vessel: notice
of no-lien clause faxed by owners to service provider in advance of render of
services: Denial of receipt: Telefax sheet confirming delivery: whether good
evidence of receipt by service provider of actual knowledge of no lien clause
Okta Crude Oil Refinery AD v
Mamidoil-Jetoil; Greek Petroleum Co. SA v. Moil-Coal Trading Co. Ltd.
English Court of Appeal: Vice-Chancellor, Lady Justice Arden, Lord Justice
Longmore: [2003] EWCA Civ 1031: 17 July 2003
breach of oil handling contract: defence
of force majeure: whether ministerial letters were "requests of any
governmental authority": whether "beyond the control" of the
defendant
Ali Reza Delta Transport Company v. United Arab Shipping Company
English Court of Appeal: Peter Gibson and Tuckey, LJJ., Nelson J: 2 May 2003:
[2003] EWCA Civ 684
DAMAGE TO CONTAINER HANDLING EQUIPMENT: TORTIOUS LIABILITY: MEASURE OF DAMAGES:
REPLACEMENT VALUE: MARKET VALUE: WHETHER MARKET VALUE INCLUDED TRANSPORT AND
ADAPTATION COSTS
CMA CGM S.A. v Classica Shipping
Co Ltd (The ‘CMA Djakarta’)
English Commercial Court: David Steel J.: [2003] EWHC 641 (Comm): 27
March 2003
MERCHANT SHIPPING ACT 1995: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME
CLAIMS 1976: WHETHER CHARTERERS ENTITLED TO LIMIT LIABILITY AGAINST CLAIMS BY
SHIPOWNERS: THE ‘AEGEAN SEA’ [1998] 2 LLOYD’S REP 39 FOLLOWED
Ibar Ltd. and Vincent Barrett v. American
Bureau of Shipping
Arbitration Award: Society of Maritime Arbitrators, New York: Charles L
Trowbridge, Chairman, Jack Berg and Raymond A. Connell, arbitrators: 28
October 2002
CLASSIFICATION SOCIETY: MARITIME TORT: STANDARD OF CARE: ROLE OF CLASSIFICATION
SOCIETY: NOT GUARANTOR OF SAFETY: FAILINGS OF CLASSIFICATION SOCIETY NOT
CAUSATIVE OF LOSS
Den Norske Bank ASA v Acemex
Management Co Ltd (The Tropical Reefer)
English Commercial Court: Deputy High Court Judge Nigel Teare QC:
[2003] EWHC 326 (Comm). 26 February 2003
Ship mortgage: arrest of vessel to
enforce
security for loan: rights of mortgagee: duty to
act in good faith: no common law duty of care to
mortgagor: summary judgment
State Farm Mutual Automobile Insurance
Co. v. Campbell
United States Supreme Court: No. 01-1289 (not yet officially reported):
April 7, 2003
Punitive Damages: Criteria for Award:
Due Process: Quantum: Reasonableness: Proportionality
Great Peace Shipping Limited v Tsavliris (International) Limited
English Court of Appeal: Phillips MR, May and Laws LJJ: 14 October 2002
SALVAGE: CONTRACT FOR HIRE OF STAND-BY VESSEL: BELIEVED TO BE IN CLOSE
PROXIMITY: MUTUAL MISTAKE: WHETHER CONTRACT VOID AT LAW: WHETHER CONTRACT
VOIDABLE IN EQUITY
Keppel FELS Ltd v International Coatings Pte Ltd and Another
Singapore High Court: Tay Yong Kwang JC:, 28 May 2002
SUPPLY OF PAINTS FOR CONSTRUCTION OF FLOATING DOCK: BLISTERS IN
PAINT COATINGS: DOCK DECOMMISSIONED FOR REPAIRS: DOCK BUILDERS SETTLED CLAIM OF
DOCK OWNERS: WHETHER PAINT SUPPLIER LIABLE TO INDEMNIFY DOCK BUILDERS
Dr Susan Phillips v Air New Zealand Limited
English High Court: Morison J.: March 2002
TRAVEL BY AIR:PASSENGER INJURY IN TERMINAL AT PORT OF EMBARKATION: WARSAW CONVENTION:
TIME LIMIT: In the course of any of the operations of embarking: mEANING:
NON-DELEGABLE DUTIES: GROUND SERVICES: NOT OF ESSENCE OF CONTRACT: DISTINGUISHED
FROM OPERATION OF AIRCRAFT: INDEPENDENT CONTRACTORS: NOT LIABLE FOR CONTRACTORS’
NEGLIGENCE
King v Bristow Helicopter Limited: Morris v KLM
UK House of Lords: Lords Nicholls, Mackay, Steyn, Hope and
Hobhouse: February 2002
ART.17 WARSAW CONVENTION 1929 : SCH.1 CARRIAGE BY AIR ACT 1961:
INTERPRETATION: FRENCH & ENGLISH TEXT: BODILY INJURY: LIABILITY: ACCIDENTS:
POST-TRAUMATIC STRESS DISORDER: MENTAL INJURY:
Case Note based on an Article in the March 2002 Edition of the ‘Bulletin’,
published by the Marine and Insurance teams at the international firm of
lawyers, DLA.
International Transport Roth GmbH and Others v Secretary of State for the
Home Department
IMMIGRATION: ROAD TRAFFIC: HUMAN RIGHTS:
CLANDESTINE ENTRANTS: PENALTY REGIMES: STRICT LIABILITY: FAIRNESS: : PART II
IMMIGRATION AND ASYLUM ACT 1999: CARRIER'S LIABILITY (CLANDESTINE ENTRANTS AND
SALE OF TRANSPORTERS) REGULATIONS 2000 SI 2000/685: CARRIER'S LIABILITY
(CLANDESTINE ENTRANTS) (CODE OF PRACTICE) ORDER 2000 SI 2000/684: EUROPEAN
CONVENTION ON HUMAN RIGHTS: ART.6: RIGHT TO A FAIR TRIAL: PROTOCOL 1 ART.1:
PEACEFUL ENJOYMENT OF POSSESSIONS: ART.28 AND ART.49 EC TREATY
Case Note based on an Article in the March 2002 Edition of the ‘Bulletin’,
published by the Marine and Insurance teams at the international firm of
lawyers, DLA.
Great Peace Shipping Ltd v. Tsavliris Salvage (International) Ltd
English High Court: Toulson J.: November 2001
SALVAGE: CONTRACT FOR HIRE OF STAND-BY VESSEL: BELIEVED TO BE IN CLOSE
PROXIMITY: MUTUAL MISTAKE: WHETHER CONTRACT VOID AT LAW: WHETHER CONTRACT
VOIDABLE IN EQUITY:
Heung-A Shipping Co. Ltd. v. New Rank (Holdings) Ltd, Excel World Container
Line Ltd. and Best Trend Enterprises Ltd.
Hong Kong High Court: Stone J: [2001] HKEC 144: 12 February 2001
TORT: DETINUE: NON-RETURN OF CONTAINERS BY DUE DATE: BAILMENT: SUB-BAILMENT:
BAILMENT ON TERMS: RESULTING LOSS: WHETHER LOSS PROVABLE
Elaine L. Chao, Secretary of Labor, Petitioner v. Mallard Bay Drilling, Inc.
United States Supreme Court: Judgment delivered by Stevens J.: 2002 U.S.
LEXIS 403 January 2002
ACCIDENT ON DRILLING RIG IN LOUSIANA WATERS: JURISDICTION OF US COAST GUARD:
UNINSPECTED VESSEL: OCCUPATIONAL SAFETY AND HEALTH ACT 1970: PRE-EMPTION OF OSH
ADMINISTRATION JURISDICTION: EXERCISE OF COAST GUARD’S AUTHORITY: MEANING OF
EXERCISE: MERE POSSESSION OF UNEXERCISED AUTHORITY: MINIMAL EXERCISE OF SOME
AUTHORITY
Case note contributed by Healy & Baillie LLP of New York, attorney Alan
M. Weigel
Australian Competition & Consumer Commission v. The Maritime Union of
Australia & Others
Federal Court of Australia: Hill J.: [2001] FCA 1549: November 2001
Case Note contributed by Sharon Yeo, lawyer at Ebsworth & Ebsworth
Lawyers, Melbourne.; Ebsworth and Ebsworth Lawyers are the International
Contributors for Australia.
CONSUMER PROTECTION: FAIR TRADING: COERCION: INDUSTRIAL
ACTION: MARITIME UNION OF AUSTRALIA POLICY: SHORE-BASED LABOUR CLEANING SHIPS:
WHETHER UNION CONTRAVENED BOYCOTT, HARASSMENT & COERCION PROVISIONS OF TRADE
PRACTICES ACT 1974 S60: WHETHER CONDUCT RELATED TO INTERNATIONAL TRADE:
DEFINITION OF COERCION
Anchor Shipping Company v. Alianca Navegacao e Logistica Ltda
Arbitration Award of the Society of Maritime Arbitrators, New
York: Lucienne
Bulow as Sole Arbitrator: July 2001
SERVICE CONTRACT: SUBJECT TO NEW YORK LAW: BREACH: PROVEN DAMAGES
RECOVERABLE: FREIGHT DIFFERENTIALS: LOST BUSINESS:
Mamidoil-Jetoil Greek Petroleum Company SA v. Okta Crude Oil Refinery AD
English Court of Appeal: Judgment delivered by Rix LJ
[2001 CIV 406]: March 2001
TEN-YEAR CONTRACT: PRICE DETERMINED ONLY FOR INITIAL TWO-YEAR PERIOD: WHETHER
CONTRACT ENDED ON EXPIRY OF INITIAL PERIOD: ‘AGREEMENT TO AGREE’: IMPLIED
TERMS TO GIVE CONTRACT EFFICACY FOR FULL TERM: DISPUTE RESOLUTION MECHANISM