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A 1 : David Martin Clark Summaries of cases on Charterparties - International Trade and Carriage of Goods.

Action Navigation Inc v Bottiglieri Navigation Spa [2005] EWHC 177 (Comm) S69 AA 1996 : Point of law. Challenge to award – off hire clauses in a charter-party. Failed challenge – reasons not as clear as might be desired and delivered late – delay in excess of a year from hearing. Mr Justice Aikens. 16th February 2005.

Adler v Dickson [1954] EWCA Civ 3 Privity of contract - exclusion clauses - personal injury to passenger - liability of Captain in tort. Denning LJ; Jenkins LJ; Morris LJ. 29th October 1954

AIC Ltd v ITS Testing Services (UK) Ltd : The Kriti Palm [2006] EWCA Civ 1601 ITS used the wrong test for oil and certified it as contract compliant : Was ITS liable for losses sustained due to problems at discharge? Held by majority decision - YES. Finding of deceit overturned - but liability for concealment : Was time bar missed - NO. Buxton LJ; Rix LJ; Sir Martin Nourse. 28th November 2006

AIC Ltd v Its Testing Services (UK) Ltd [2005] EWHC 2122 (Comm) Inspection companies : Duties re testing of cargo on loading and discharge. Mr Justice Cresswell. 7th October 2005

AIC Ltd v Marine Pilot Ltd [2007] EWHC 1182 (Comm) s69 Challenge : Point of law - preliminary determination regarding interpretation of safe port clause - and quantity to be loaded. Mrs Justice Gloster, DBE: 17th May 2007

AIC Ltd v Marine Pilot Ltd [2008] EWCA Civ 175 s69 AA 1996 : Appeal against the appeal - partially successful. Sir Anthony Clarke MR; Longmore LJ; Sir William Aldous. 7th March 2008.

Aliakmon : Leigh & Sillivan Ltd v Aliakmon Shipping Co Ltd [1985] UKHL 10 Liability of carrier for rusted cargo to purchasor in tort where property did not pass by virtue of the Bill of Lading under s1 BLA 1855. Lords Keith; Brandon; Brightman; Griffiths; Ackner. 24th April 1985.

B S & N Ltd (BVI) v Micado Shipping Ltd (Malta) [2000] EWCA Civ 296 Charterparty required owner to secure EXXON acceptance certificate within 60 days of charter and to reinstate within 30 days if approval lapsed. Held : Condition giving right to repudiate charter and return vessel. Waller LJ; Rix LJ; Jonathan Parker LJ. 22nd November 2000

Baghlaf Al Zafer Factory Co BR For Industry Ltd v Pakistan National Shipping Company [1997] EWCA Civ 2955 Cargo damage : Jurisdiction - English Court of Pakistan. Time bar under HVR. Phillips LJ; Waller LJ; Chadwick LJ. 11th December 1997.

Banco Santander SA v Bayfern Ltd [1999] EWHC 284 (Comm) whether the risk of fraud on the part of the beneficiary of a confirmed deferred payment letter of credit is to be borne by the issuing bank (and so possibly the applicant for the credit) or by the confirming bank where the confirming bank has discounted its own payment obligations to the beneficiary and paid over the discounted sum to it and the fraud is discovered only after it has done so but before the maturity date of the letter of credit. Mr Justice Langley: Commercial Court. 9th June 1999

Bayoil SA v Seawind Tankers Corporation [2000] EWHC 213 (Comm) Challenge s69 : contract interpretation. Whether there was a breach of the warranty of speed of a vessel (held YES) and whether that was covered by exception clause excluding damages (held YES). Certified not a s69 issue justifying appeal. Application to appeal refused. Mr Justice Langley. 22nd November 2000.

BMG Trading Ltd v A S McKay Ltd [1997] EWCA Civ 2406 Wrongful delivery without production of bill of lading. Butler-Sloss LJ; Phillips LJ; Buxton LJ. 3rd October 1997.

Borealis AB v Stargas Ltd [1998] EWCA Civ 1337 Meaning of s3 Carriage of Goods by Sea Act 1992. Millett LJ; Schiemann LJ; Sir Brian Neill. 30th July 1998.

Borealis Ab v. Stargas Ltd and Bergesen D.Y. A/S [2001] UKHL 17 Uncargoworthiness - contaminated cargo : unsuccessful appeal from CA. Lords Hoffmann; Mackay; Cooke; Hope; Hobhouse. 22nd March 2001.

Borgship Tankers Inc. v Product Transport Corporation Ltd. [2005] EWHC 273 (Comm) Charter - vessel uncargo worthy : having failed to load vessel - returned to owner : claim by charterer - resisted by owner on basis of HVR time bar : Held : Not a cargo claim under bills of lading - charterparty claim. HVR Time bar not applicable. Mr Justice Cresswell. 28th February 2005.

Brimnes, the Tenax Steamship Co v Brimnes, Owners of [1974] EWCA Civ 15 Withdrawal of a vessel under a time charterparty. Edmund Davies LJ; Megaw LJ; Cairns LJ. 23rd May 1974

Bunge Corporation (New York) v Tradax Export SA (Panama) [1981] UKHL 11 Appeal – point of law AA 1950. GAFTA arbitration – appealed via GAFTA Board to CA & HL. Interpretation of contract – terms and conditions. Lords Wilberforce; Fraser; Scarman; Lowry; Roskill. 25th February 1981.

Butler Machine Tool Co Ltd. v Ex-Cell-O Corp (England) Ltd. [1977] EWCA Civ 9 Battle of the forms : whether or not a price variation provision incorporated into the contract. Lord Denning MR; Lawton LJ; Bridge LJ. 25th April 1977

C Czarnikow Ltd v Koufos (The Heron II) [1967] UKHL 4 Deviation : liability for fall in market price of cargo of sugar that took place during the extended period of the voyage. Lords Reid; Morris; Hodson; Pearce; Upjohn. 17th October 1967.

C V Scheepvaartonderneming Flintermar v Sea Malta Co Ltd [2005] EWCA Civ 17 whether an injury to a ship\\\'s chief officer was the responsibility of its owners or its charterers. The injury occurred while the chief officer was engaged in the closing of the ship\\\'s hatch, but it was caused by the negligence of the charterers\\\' stevedores in the overall course of loading and discharging operations. Held : Charterer to indemnify owner. Waller LJ; Rix LJ; Sir Martin Nourse. 25th January 2005.

Canada Maritime Ltd v Oerlikon Aerospace Inc [1998] EWCA Civ 170 Himalaya clauses - indemnity clause - third parties. Hirst LJ; Buxton LJ; Sir John Knox. 6th February 1998.

Cereal Investments Co (CIC) SA v Ed&f Man Sugar Ltd [2007] EWHC 2843 (Comm) S69 AA 1996 challenge : 7th FOB contract : what terms are required in a letter of credit to comply with the sales contract? Mr Justice Walker. December 2007

Cero Navigation Corporation v Jean Lion & CIE [2000] EWHC 207 (Comm) Strike Clauses : Demurrage : Once Demurrage always demurrage revisited. Mr Justice Thomas. 11th January 2000.

Chinese Maritime Transport Ltd v A/S Vestmar [1998] EWCA Civ 290 Payment of hire : Charterers paid as a final account : Owners cashed cheque but then sought to recover balance owing due to deductions. Held : Too late. Hobhouse LJ; Chadwick LJ; Sir John Balcombe. 19th February 1998.

Cho Yang Shipping Co Ltd v Coral (UK) Ltd [1997] EWCA Civ 1701 Liability of shipper for freight where contract of carriage arranged by freight forwarder and stated to be freight pre-paid. Held : Shipper not liable. evans LJ; Hobhouse LJ; Hutchison LJ. 15th May 1997

CMA CGM S.A. v Classica Shipping Co Ltd. [2004] EWCA Civ 114 Shipment by charter of dangerous cargo : Held on appeal : Charterer could limit cargo claims under the Civil Liabilities Convention but not claims for damage to the vessel. Waller LJ; Longmore LJ; Neuberger LJ. 12th February 2004.

CMA CGM S.A. v Classica Shipping Company Ltd. [2003] EWHC 641 (Comm) Dangerous cargo : vessel & cargo lost : Charterer found liable to owner - s69 AA 1996 appeal : Could charterer limit liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. Held : No - shipping undeclared dangerous cargo in breach of charter acted as an exception to the application of the convention. Mr Justice David Steel. 27th March 2003.

Colonia Versicherung AG v Amoco Oil Co [1996] EWCA Civ 1002 Can the seller of contaminated oil bypass the subrogation rights of the underwriter by paying off the buyer in exchange for an assignment of insurance rights and then claim for the loss arising out of their own negligence from the underwriter? Claim on assigned policy rejected at first instance and on appeal. Hirst LJ; Peter Gibson LJ; Pill LJ. 20th November 1996.

Compania Sud American Vapores v Hamburg [2006] EWHC 483 (Comm) Challenge s69 point of law or fact? Arbitrators found as a fact that loss was due to negligence in operation of the vessel : bunkers overheated, damaging cargo and hence charterer not liable under Art IV HVR. Appellants sought to establish that overheating of bunkers next to a cargo is negligence in care and handling of cargo and a breach of Art III had arisen. Court held this was a challenge to fact not law. Arbitrators had applied the correct test scrupulously. Gosse Millard [1929] applied. Mr Justice Morison. 14th March 2006.

Compania Sud American Vapores v Hamburg [2006] EWHC 483 (Comm) Bad stowage : Charter required charterer to load cargo. Container of heat sensitive cargo stowed next to fuel oil which required heating. Cargo exploded. Liability for loss of cargo / loss of hire and damage to vessel. Did stowage amount to unseaworthiness and was owner liable? Held : Not liable. Mr Justice Morrison. 14th March 2006.

Congentra AG v Sixteen Thirteen Marine SA [2008] EWHC 1615 (Comm) Cargo claim - wetted grain : charterparty : Unsuccessful application by owner to discharge freezing order. Mr Justice Flaux. 15th July 2008.

Couturier v Hastie [1856] UKHL J3 C&F sale of goods : Loss or destruction of cargo prior to sale : passing of property and risk. Pre s6/7 SOGA 1893. Mr. Baron Alderson, Mr. Justice Wightman, Mr. Justice Creswell, Mr. Justice Erle, Mr. Justice Williams, Mr. Baron Martin, Mr. Justice Crompton, Mr. Justice Willes, and Mr. Baron Bramwell. 26th June 1856.

CTI Group Inc v Transclear SA [2007] EWHC 2070 (Comm) Whether 1) tribunal erred in law in deciding that two f.o.b. contracts for the sale of cement to Mexico from Indonesia and Taiwan were frustrated by the intervention of Cemex, a company with a monopoly in the supply of cement in Mexico, with the result that no supplier in Asia would supply cement 2)whether the tribunal erred in holding in the alternative that the contracts were subject to an implied term that if suppliers refused to supply cement because of the buyers\\\' intended use of or intended destination, both parties would be discharged from any liability or obligation under the contracts. Mr Justice Field : 14th September 2007

CTI Group Inc v Transclear SA [2008] EWCA Civ 856 Frustration : Suppliers refused to supply goods to cif seller in furtherance of a cartel agreement. Held : In absence of terms in contract, the risk of supply falls on the cif seller. No frustration. Ward LJ; Moore-Bick LJ; Rimer LJ. 22nd July 2008

Daewoo Heavy Industries Ltd. v Klipriver Shipping Ltd. [2002] EWHC 1306 (Comm) Partial loss of cargo originally stowed but subsequently discharged at an intermediate port and reloaded as deck cargo : Hague & Hague Visby Rules : Limitation of liability to £100 per package : 26 of 34 excavators lost. Mr Justice Langley. 11th July 2002.

Daewoo Heavy Industries Ltd. v Klipriver Shipping Ltd. [2003] EWCA Civ 451 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. Appeal failed : Court noted Daewoo could have asked for the HVR or declared the value of the goods to ensure protection. Aldous LJ; Judge LJ; Longmore LJ.3rd April 2003.

Dayton Associates Ltd v Eurogolf Minerals & Metals Ltd [1999] EWCA Civ 1867 CIF sale : Goods arrested prior to delivery at discharge port : Dutch court discharged arrest : English court confirmed no reasonable prospect of asserting a claim : applicants did not own the goods - owned by the seller in liquidation - a subsidiary of the applicant. Kennedy LJ (Vice President QBD) ; Mr Justice Tuckey. 16th July 1999.

Demand Shipping Co Ltd : Lendoudis Evangelos II [2001] EWHC Commercial 403 General average : grounding - causation - whether the owner at fault : if so liable to compensate cargo owners - if not - cargo owners liable for GA. Mr Justice Cresswell. 26th June 2001.

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) [2008] EWCA Civ 1086 Application to set aside the decision of Lewison J on a preliminary point of law and to establish the principle that in an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that is, a sum of money assessed by reference to the gain which the wrongdoer has made as a result of the wrong, in place of compensatory damages, that is, damages which compensate the claimant for loss suffered as a result of the wrongdoing. CA before Tuckey LJ; Arden LJ; Longmore LJ. 14th October 2008

Ease Faith Ltd v Leonis Marine Management Ltd [2006] EWHC 232 (Comm) Tug Tow - Reasonable speed - reasonable dispatch. Mr Justice Andrew Smith : Commercial Court. 23rd February 2006

East West Corporation v DKBS 1912 [2002] EWHC 83 (Comm) Delivery without production of bills of lading : HVR & Hamburg : Title of shipper to sue. Mr Justice Thomas. 7th February 2002.

Edwinton Commercial Corp v Tsavliris Russ (Worldwide Salvage & Towage) Ltd : The Sea Angel [2007] EWCA Civ 547 Frustration : whether a delay of some three or so months towards the end of a short (20 day) time charter, caused by reason of the unlawful detention of the vessel by port authorities, in a salvage context, has frustrated that charter. Held NO at 1st instance and on appeal. Rix LJ; Wall LJ; Hooper LJ. 12th June 2007.

Effort Shipping Co Ltd v. Linden Management SA [1998] UKHL 1 Dangerous goods : Liability of shipper. Lord Goff of Chieveley ; Lord Lloyd of Berwick ; Lord Steyn ; Lord Cooke of Thorndon ; Lord Clyde. 22nd January 1998,

ELF Oil UK Ltd v Besktas Denizcilik VE Tasimacilik Sanayi VE Ticaret AS [2001] EWCA Civ 822 Time bar Hague Rules : Claim for contaminated cargo. Failed application to appeal. Mance LJ : 17th May 2001.

Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 Jurisdiction : Where was a contract completed where offer and acceptance made through telex - in UK or Holland? Denning LJ; Birkett LJ; Parker LJ; 17th May 1955

ERG Raffinerie Mediterranee Spa v Chevron USA Inc (t/a Chevron Texaco Global Trading) [2006] EWHC 1322 (Comm) Fob - laycan : vessel arrived in time - but loading delayed beyond laycan : Buyer repudiated the contract : Whether lawful? Held : No : Seller liable for demurrage : laycan gives seller right to repudiate if vessel does not arrive before expiry of laycan : not for benefit of buyer. Mr Justice Langley. 9th June 2006.

ERG Raffinerie Mediterranee SPA v Chevron USA Inc [2007] EWCA Civ 494 FOB - Laycan terms. Buxton LJ; Longmore LJ; Sir Martin Nourse. 22nd May 2007

Eridania Spa v Oetker [2000] EWCA Civ 184 Cargo claim - unseqorthiness - engine break down : time charter and voyage sub charter. Defendant failed to discharge burden of proof. Waller LJ; Clarke LJ; Sir Murray Stuart-Smith. 8th June 2000.

Eurymedon : New Zealand Shipping v Satterthwaite Ltd [1974] UKPC 1 Privity of contract : exclusion clauses - liability of stevedors. Lords Wiberforce; Hodson; Simon; Salmon; Viscount Dilhorne. 25th February 1974

Evergreen Marine Corp v Aldgate Warehouse (Wholesale) Ltd. [2003] EWHC 667 (Comm) Late shipment : rejection of bills of lading : Action to recover freight and demurrage on containers stranded at port of delivery. Assertion that a loyalty agreement overrode the bills of lading conditions rejected. Mr Justice Moore-Bick. 28th March 2003.

Exxonmobil Sales and Supply Corporation v Texaco Ltd. [2003] EWHC 1964 (Comm) Joint quality certificate on loading : Texaco rejected cargo as non-compliant on discharge : Held : Texqco subject to the final quality certificate on loading. Breach of contract. Nigel Teare QC. 1st August 2003.

Fal Oil Co Ltd v Petronas Trading Corp Sdn Bhd [2003] EWHC 2225 (Comm) Conforming goods - percentage of water in oil : demurrage. Mr Justice Morison. 10th October 2003.

Fal Oil Co Ltd v Petronas Trading Corp Sdn Bhd [2004] EWCA Civ 822 Conforming goods etc : Appeal. Judge LJ; Buxton LJ; Mance LJ CA. 7th July 2004.

Farenco Shipping Co.Ltd. v Daebo Shipping Co.Ltd. [2008] EWHC 2755 (Comm) Delivery without bill of lading. Charterers letters of indemnity and instructions to deliver to K. It is not clear who the cargo was in fact delivered to - a fact yet to be determined. LOI conditional on delivery to K. Mr Justice Teare. 11th November 2008

Flacker Shipping Ltd v Glencore Grain Ltd [2002] EWCA Civ 1068 Laytime can commence under a voyage charterparty requiring service of a notice of readiness when no valid notice of readiness has been served in circumstances where (a) a notice of readiness valid in form is served upon the charterers or receivers as required under the charterparty prior to the arrival of the vessel; (b) the vessel thereafter arrives and is, or is accepted to be, ready to discharge to the knowledge of the charterers; (c) discharge thereafter commences to the order of the charterers or receivers without either having given any intimation of rejection or reservation in respect of the notice of readiness previously served or any indication that further notice of readiness is required before laytime commences. In such circumstances, the charterers may be deemed to have waived reliance upon the invalidity of the original notice as from the time of commencement of discharge and laytime will commence in accordance with the regime provided for in the charterparty as if a valid notice of readiness had been served at that time. Appeal allowed : Decision of arbitrators restored. Potter LJ; Arden LJ; Sir Denis Henry. 15th July 2002.

Fortune Hong Kong Trading Ltd. v Cosco-Feoso (Singapore) Pte Ltd. “Freja Scandic” [2002] EWHC 79 (Commercial) Letter of indemnity in respect of non-availability of bill of lading in order to procure a letter of credit. Cargo disappeared. Successful claim on LOI. Mr Justice Langley: Commercial Court. 6th February 2002.

Galaxy Energy International Ltd v Petr Shmidt (Novorossiysk Shipping Co) [1998] EWCA Civ 429 Commencement of laytime : Whether if a clause in a charterparty requires a notice of readiness to be tendered within particular hours of the day and it is, in fact, tendered outside those hours but at a time when the ship is physically ready to load or discharge, it is an invalid notice and a nullity so that a fresh notice has to be given before laytime can begin or whether the notice takes effect when those hours begin. Evans LJ; Peter Gibson LJ; Sir Christopher Slade. 10th March 1998.

Georgian Maritime Corp Plc v Sealand Industries (Bermuda) Ltd [1998] EWCA Civ 861 Legality of cancellation of slot charter. Hobhouse LJ; Waller LJ; Robert Walker LJ. 20th May 1998.

Glencore Grain Ltd v Flacker Shipping Ltd [2001] EWHC 503 (Comm) What are the rights of owners to demurrage and charterers to despatch when a charterparty provides for a notice to be given at the discharge port to trigger the start of laytime but only an invalid notice is given, and yet the vessel commences and completes discharge over an extended period in circumstances in which a substantial claim to demurrage would otherwise have arisen. The arbitrators decided that laytime commenced to run as if the notice had been correctly given at the first opportunity. The charterers say that was wrong and as no valid notice was ever given no demurrage ever became payable but, to the contrary, they have a claim for despatch. Mr Justice Langley. 25th January 2001

Glencore Grain Ltd. v Goldbeam Shipping Inc. [2002] EWHC 27 (Commercial) S69 AA 1996 : Point of law challenge. Head & sub charter party contracts : Laytime dispute : Two appeals : first rejected : regarding second, issue was about remoteness – not causation as dealt with by the tribunal : award remitted to arbitrators since in light of their findings no assessment had been made, so that corrections could be made in the light of the court’s determinations. Mr Justice Moore-Bick. 25th January 2002.

Glencore Grain Rotterdam BV v Lebanese Organisation For International Commerce (\"Lorico\") (Buyers) [1997] EWCA Civ 1958 The first issue, put shortly, is whether the buyers under a sale contract on fob terms incorporating GAFTA form 64 were entitled to open a letter of credit in favour of the sellers which was restricted to payment against freight pre-paid bills of lading. The second is whether, if the buyers were not so entitled and were thereby in breach of contract, the sellers can rely on that breach to justify their own refusal and failure to ship the contract goods. Nurse LJ; Evans LJ; Sir Ralph Gibson. 25th June, 1997

Golden Fleece Maritime Inc v ST Shipping & Transport Inc [2007] EWHC 1890 (Comm) Liability for losses arising out of changes in the law. Liability for hire arising out of changes to national legislation requiring work on chartered vessels and restricting the range of vessels in the intervening period– viz ship-owner or charterer to bear the risk. Held : Liability fell on the owner. A variety of other claims as to speed and capacity referred to arbitration and outside the scope of the courts jurisdiction. Mr Justice Cooke. 2nd August 2007.

Golden Fleece Maritime Inc v ST Shipping and Transport Inc [2008] EWCA Civ 584 Seaworthiness : Cargo Worthiness : Time Charter. Changes to the law meant that a chartered vessel was no longer legally fit to carry its intended cargo - without undergoing refitting. Held : Shipowner in breach of charter. MR; Longmore LJ; Lawrence Collins LJ. 23rd May 2008.

Golden President Shipping Corporation v Bocimar NV [2008] EWHC 130 (Comm) S69 AA 1996 challenge. Whether or not the terms of a contract made years 6 & 7 subject to pain and gain provisions and hence a share of profits. Award partially amended. Mr Justice Cooke. 31st January 2008

Golden Strait Corporation v Kaisha [2005] EWCA Civ 1190 Challenge s69 point of law. Question posed – whether The Sea Flower [2000] 2 Ll.R. 37 accurately reflects the correct mechanism to apply for the calculation of loss in respect of hire of a vessel under a charterparty. Answer : YES. Arbitrator’s award upheld. Auld LJ; Tuckey LJ; Mance LJ. 18th October 2005.

Golden Strait Corporation v Nippon Yusen Kubishika Kaisha The Golden Victory [2005] EWHC 161 (Comm) Challenge s69 point of law. Agreed appeal : Is assessment of damages a one off assessment made at time of breach or should it take into account any subsequent event that would have resulted in cancellation eg in the event of war where the charterparty was subject to a war clause. Held : The assessment should take into account the war since otherwise recovery would be greater than the actual loss of profit since the war would have ended the charter prematurely in any case. Mr Justice Langley. 15th February 2005.

Golden Strait Corporation v. Nippon Yusen Kubishka Kaisha [2007] UKHL 12 Challenge s69 point of law. Question posed – whether The Sea Flower [2000] 2 Ll.R. 37 accurately reflects the correct mechanism to apply for the calculation of loss in respect of hire of a vessel under a charterparty. Answer : By a majority decision of 3 to 2 : YES. Arbitrator’s award upheld. By contrast, Lords Bingham & Walker felt that the outcome introduces an undesirable degree of uncertainty into the law and would not have applied the Sea Flower in this case. Lords Bingham ; Scott ; Walker ; Carswell; Brown. 28th March 2007.

Great Peace Shipping Ltd. v Tsavliris (International) Ltd [2002] EWCA Civ 1407 Cancellation fee in respect of a charter : Lord Phillips MR; May LJ; Laws LJ. 14th October 2002.

Gulf Agri Trade Fzco v Aston Agro Industrial AG [2008] EWHC 1252 (Comm) Anticipatory repudiatory breach : did a notice of breach - given under the mistaken belief that shipment had not occured on time - amount to a breach of contract that could be accepted by the other side? Held - YES. Could it be withdrawn? No. Mr Justice Aikens. 6th June 2008

Hillas (WH) & Co Ltd v Arcos Ltd [1932] UKHL 2 Essential terms required to constitute a valid enforceable contract : adequate and final description of the subject matter. Lords Tomlin; Warrigton; Thankerton; Macmillan; Wright. 5th July 1932

Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7 Seaworthiness : Condition / warranty / innominate term. Sellers LJ; Upjohn LJ; Diplock LJ. 20th December 1961

Huyton SA v Jakil SPA [1998] EWCA Civ 525 Ante-dated bill of lading : whether right to reject. Damages claimed for lost profit incurred from onselling cargo. Inordinate delay and want of prosecution following application to appeal. Roch LJ; Aldous LJ; Brooke LJ. 24th March 1998.

Hydro Agri Espana SA v Charles M Willie & Co (Shipping) Ltd [1998] EWCA Civ 273 Time bar - HVR : Application for extension of time : Norwegian arbitration - subject to charterparty - whether incorporated into Bill of Lading. Evans LJ; Pill LJ; Thorpe LJ. 18th February 198.

Hyundai Merchant Marine Co. Ltd. v Furness Withy (Australia) Pty [2005] EWHC 945 (Comm) Meaning and effect of off hire in a single trip charterparty. Mr Michael Crane QC. 20th May 2005.

Independent Petroleum Group Ltd v Seacarriers Count Pte Ltd [2006] EWHC 3222 (Comm) Challenge s69. In determining whether a port is unsafe for the purposes of a safe port warranty in a voyage charterparty, is the relevant question whether the port is unsafe for the chartered vessel itself or is it sufficient for the owners to show that the port is unsafe for other vessels? Held : Port prospectively unsafe - appeal dismissed. Mr Justice Toulson. 12th December 2006.

Independent Petroleum Group Ltd v Seacarriers Count Pte Ltd [2006] EWHC 3222 (Comm) Safe port provisions : Two vessels successively grounded in entry channel to port : Chartered vessel trapped in port : Was the port safe? No - inherent and continuing danger to all vessels. Mr Justice Toulson. 12th December 2006.

Islamic Investment Company ISA v Transorient Shipping Ltd [1998] EWCA Civ 1287 Deviation : Cargo damage due to overheating : Evans LJ; Henry LJ; Chadwick LJ. 24th July 1998.

James v Europe West Indies Lines (UK) Ltd [1997] EWCA Civ 2437 Duties of freightforwarder to make an appropriate contract of carriage : Whether EWI was in fact a freightforwarding agent or the carrier : Cargo shipped on deck and not insured. Held : James was the shipper - EWI not liable. Millett LJ; Mummery LJ. 8th October 1997.

Jarl Tra AB v Convoys Ltd. [2003] EWHC 1488 (Comm) Validity of lien provisions on behalf of discharge stevedores and wharfingers for unpaid dues : carrier went into liquidation - with sums due to Convoys. Convoys exercised lien over cargo : held entitled to exercise lien over some but not all cargos concerned in this action. Mr Justice Moore-Bick. 25th June 2003.

JI Macwilliam Co Inc v Mediterranean Shipping Co Sa [2002] EWHC 593 (Comm) Challenge : Point of Law AA 1979. Whether or not a bill of lading was subject to the Hague Visby Rules. Mr Justice Langley. 17th April 2002.

JI Macwilliam Co Inc v Mediterranean Shipping Company S.A. [2003] EWCA Civ 556 Challenge : Point of Law AA 1979. Whether or not a bill of lading was subject to the Hague Visby Rules. Gibson LJ Peter ; Rix LJ. Mr Justice Jacob. 16th April 2003.

JI MacWilliam Company Inc v. Mediterranean Shipping Company SA [2005] UKHL 11 Challenge : Point of Law AA 1979. Whether or not a bill of lading was subject to the Hague Visby Rules. Lords Bingham ; Nicholls ; Steyn; Rodger ; Brown. 16th February 2005.

Jindal Iron & Steel Co Ltd v Islamic Solidarity Shipping Co Jordan Inc [2004] UKHL 49 Free in and out clause : exempts owner from liability for loss during loading & discharge. Lorda Bingham ; Nicholls ; Steyn ; Hoffmann ; Scott ; Foscote. 25th November 2004.

Jindal Iron & Steel Co. Ltd. v Islamic Solidarity Co Jordan Inc [2003] EWCA Civ 144 Free in and out clause : Held : Carrier not liable for damage to cargo during loading. Waller LJ; Tuckey LJ Mrs Justice Black. 13th February 2003.

Jones & Co Ltd v Vangemar Shipping Co Ltd \"The Apostolis\" [2000] EWCA Civ 213 Fire damage to cargo - demurrage : liability of owner / merchant : cuasation - welding or stevedores discarding cigarette butt. HVR. Waller LJ; Laws LJ; Sir Christopher Stuaghton. 11th July 2000.

Jordan National Shipping Line Co Ltd v El Rodwan Trading & Services Co Ltd [1998] EWCA Civ 1447 Letters of indemnity re delivery in absence of original bills of lading. Otton LJ; Waller LJ. 22nd September 1998.

Kallang Shipping SA Panama v Axa Assurances Senegal [2008] EWHC 2761 (Comm) Successful application for damages for procuring the unlawful arrest of a vessel overseas by an insurance company in breach of the London Arbitration provisions in a contract. Jonathan Hirst. 19th November 2008

Kanematsu (Hong Kong) Ltd v Eurasia Express Line (A Body Corporate) [1997] EWCA Civ 2354 Mis-delivery without production of bill of lading. Nourse LJ; Evans LJ. 18th September, 1997

Kriti Akti Shipping Co. SA v Petroleo Brasiliero SA [2004] EWCA Civ 116 Challenge s69 Point of Law. On appeal from Moore-Bick : Lord Denning\\\'s judgment in The Aspa Maria not central to the interpretation of clause 3. Appeal dismissed. Brooke VP. LJ ; Mance LJ; Mr Justice. 20th February 2004.

Kronos Worldwide Ltd. v Sempra Oil Trading SARL [2004] EWCA Civ 3 Laytime : Demurrage : Held : Under terms of the voyage charter laytime was to commence only after issue of letter of credit : accordingly notice of readiness before that time invalid. Thorpe LJ; Mance LJ; Mr Justice Evans-Lombe. 23rd January 2004.

Laemthong International Lines Co Ltd v Abdullah Mohammed Fahem & Co [2005] EWCA Civ 519 Enforceability of letter of indemnity for delivery of cargo without production of bills of lading. VC ; Clarke LJ; Neuberger LJ. 5th May 2005.

Laemthong International Lines Co Ltd v Artis [2004] EWHC 2738 (Comm) Letter of indemnity for consequences of delivery without production of bill of lading : held : indemnity enforceable. Mr Justice Cooke. 8th November 2004.

Lia Oil SA v ERG Petroli SPA [2007] EWHC 505 (Comm) Demurrage : Whether claims time barred - whether correct notice procedures followed. Mr Julian Flaux QC. 13th March 2007

Logos Trading N.V. v A-Z Petroleum Products Ltd. [2002] EWHC 761 (Comm) Claim for demurrage allegedly due and a counterclaim for demurrage allegedly overpaid. Mr Justice Langley: Commercial Court. 1st May 2002.

LPG Shipping Ltd v Worldwide Panama Shipping Inc [1997] EWCA Civ 2747 Charterers bills of lading in lieu of original owners bills of lading - whether owner could refuse to discharge : Court at first instance and CA on appeal ordered owner to proceed to discharge. Brooke LJ; Sir Brian Neill. 18th November 1997.

Major Shipping Company Ltd v Cosco Feoso (Singapore) Ltd [1998] EWCA Civ 1373 Contaminated cargo - acquired post shipment by voyage charterer : letters of indemnity :liability of owner and time charterer : jurisdiction - English Law - arbitration or Singapore jurisdiction. Morritt LJ; sir Christopher Staughton. 31st July 1998.

Mansel Oil Ltd v Troon Storage Tankers SA [2008] EWHC 1269 (Comm) Is right to cancellation of a charter when laycan has passed subject first to a nomination of delivery port as a condition in circumstances where the vessel is in dry dock and incapable of meeting the deadline? Held : No. Mr Justice Christopher Clarke. 9th June 2008.

Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2008] EWHC 1875 (Comm) Safe Ports : Voyage charter. Unsuccessful s69 AA 1996 appeal against tribunal’s determination that there is no implied common law requirement that a port, dock or berth be safe in a named port voyage charter. Mr Justice Aikens. 1st August 2008.

Mediterranean Shipping Co SA v Trafigura Beheer BV [2007] EWCA Civ 794 Fraudulent Bills of Lading. Shipowner liability : Tuckey LJ : Longmore LJ; Lloyd LJ. 27th July 2007

Mihalis Angelos : Maredelanto Compania Naviera SA v Bergbau-Handel GmbH [1970] EWCA Civ 4 Aniticipatory repudiatory breach of contract - charterparty - assessment of damages. Lord Denning MR; Edmund Davies LJ; Megaw LJ. 1st July 1970

Mitsubishi Corporation v Eastwind Transport Ltd. & Ors [2004] EWHC 2924 (Comm) Clause excluding liability for seaworthiness and cargo worthiness where H & HVR not appicable upheld. Mr Ian Glick QC. 15th December 2004.

Mora Shipping Inc of Monrovia, Liberia v Axa Corporate Solutions Assurance Sa [2005] EWCA Civ 1069 General Average - London - English Law : Liability contested on grounds of alleged unseaworthiness by contributing cargo interests : Jurisdiction ? Held : In absence of jurisdiction clause - and given a contractual choice to elect to pay in London or owners countries of establishment viz Norway/Liberia - sums not due in England : therefor under EC law defendant contributors had right to trial in their own country (or at least the state of the first elector). Ward LJ; Clarke LJ; Neuberger LJ. 28th July 2005

Motis Exports Ltd v Dampskibsselskabet Af 1912 Aktieselskab [2001] EWHC 500 (Admlty) Liability of carriers for misdelivery of goods induced by the production of forged bills of lading. Held : The deception does not afford the defendants a valid defence. Mr. Justice Moore-Bick : Admiralty. 28th February 2001

MSC Mediterranean Shipping Company SA v Owners Of Ship \"Tychi\" [1999] EWCA Civ 1150 Arrest of chartered vessel by owners for non-payment of slot charter hire. Whether charterer beneficial owner etc. s20 and 21 Supreme Court Act 1980. Otton LJ : Waller LJ; Clarke LJ. 31st March 1999

MSC Mediterranean Shipping Company SA v \"Tychy\", Owners Of Ship [2001] EWCA Civ 1198 Successful appeal against determination of admiralty jurisdiction under s21 Supreme Court Act 1980. Case sent back to court to determine whether liability lay in a personam action for unpaid slot hire. Lord Phillips; Jonathan Parker LJ; Lord Mustill. 24th July 2001.

Nicholas H : Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1995] UKHL 4 Liability of surveyor for loss of cargo : Lords Keith; Jauncey; Browne-Wilkinson; Lloyd; Steyn. 6th July 1995.

Nigerian National Shipping Line Ltd v Owners Of Cargo Lately Laden On Board Ship \"River Gurara\" [1997] EWCA Civ 2105 Limitation : valuation of container cargo lost at sea under the HVR. Hirst LJ; Phillips LJ; Mummery LJ. 15th July, 1997

Nima SARL v The Deves Insurance Public Company Ltd [2002] EWCA Civ 1132 Insurance : Attachment of risk - s44 MIA 1906 : phantom ship : loss of cargo - either loss of ship at sea (unseaworthiness) or theft : Held : even warehouse to arehouse risk does not attach if vessel does not commence the insured voyage : conflicts : English law clause - but no jurisdiction clause : events to be investigated occured in Thailand - most convenient forum. Potter LJ; Keene LJ; Mr Justice Sumner. 30th July 2002

Nippon Yusen Kubishiki Kaisha v Golden Strait Corporation [2003] EWHC 16 (Comm) Challenge s69 Point of Law. Held : Confirming award that an option to charter-back is not the same as redelivery. Appeal failed. Mr Justice Morison. 17th January 2003.

Niru Battery Manufacturing Co v Milestone Trading Ltd [2003] EWCA Civ 1446 False bill of lading : goods not taken into charge : liability of issuer of bill in damages and liability of credit bank - in restitution : Seller received funds but failed to ship goods. Fraud & deceit considered. The President; Clarke LJ; Sedley LJ. 23rd October 2003.

Northern Shipping Company v Deutsche Seereederei Gmbh [2000] EWCA Civ 400 Dangerous cargo : deck cargo - container : undeclared unstable cargo exloded : liability for loss of vessl. Loss of cargo : loss of life. Auld LJ; Brooke LJ; Hale LJ. 3rd March 2000.

P & O Nedlloyd B.V. v Utaniko Ltd. [2003] EWCA Civ 83 Misdelivery without production of bills of lading. Brooke LJ; Laws LJ; Mance LJ. 12th February 2003.

P v A [2008] EWHC 1361 (Comm) Whether the nomination by the charterers of the laycan spread for the 5th voyage was irrevocable and whether revocation amounted to repudiation. Mr Justice David Steel. 20th June 2008

Papera Traders Co. Ltd. v Hyundai Merchant Marine Co. Ltd. [2002] EWHC 118 (Comm) Seaworthiness : Adequately trained crew : Vessel and cargo destroyed by fire which started in a car being carried by the vessel. HVR Arts III rules 1 & 2. Mr Justice Cresswell. 7th February 2002.

Parsons Corporation v C.V. Scheepvaartonderneming : The Happy Ranger [2002] EWCA Civ 694 Whether HVR apply : whether cargo claim limited by the convention to £100 / package : Held : Yes to both. Aldous LJ; Tuckey LJ; Rix LJ. 17th May 2002.

Petroleo Brasileiro S.A. v Kriti Akti Shipping Co. S.A. [2003] EWHC 1634 (Comm) Challenge s69 Point of Law. Central issue here turned on whether the \\\'Aspa Maria\\\' [1976] 2 Lloyd\\\'s Rep. 643 was correctly decided or alternatively that it was relevant to this case as determined by the tribunal. Court reaffirmed The Dione. The charterer in the circumstances of the case had the benefit both of a 15 day off hire extension and an option to extend. Consequently the vessel was still on hire when on a final voyage and thus the charterer was entitled to order a final return voyage. Appeal allowed. Moore-Bick LJ. 9th July 2003.

Petroleo Brasiliero SA v Mellitus Shipping Inc [2001] EWCA Civ 418 Contaminated cargo on discharge : Defendants called shippers as Part 20 defendants - whether they could be called given there was an arbitration provision between the defendants. Potter LJ; Sedley LJ; Jonathan Parker LJ. 29th March 2001.

Petroleum Oil & Gas Corp. of South Africa P/L v FR8 Singapore P/L. [2008] EWHC 2480 (Comm) Laytime; demurrage ; due dilligence and cargo care. Mr Justice David Steel. 21st October 2008

Petrotrade Inc v Texaco Ltd [1999] EWHC 291 (Comm) Discharge certificate : finality : Application for summary judgement refused. Arguable defence that certificate specifying 60 flahspoint rather than 60 minimum flashpoint not a valid / compliant certificate. Mr Justice Langley. 21st december 1999.

Petrotrade Inc v Texaco Ltd [2000] EWCA Civ 512 Whether consignment up to standard : oral contract - supplemented by written exchanges : determination of terms of contract. Lord Woolf MR; Clarke LJ; Latham LJ. 23rd Mary 2000.

Pirelli Cables Ltd v United Thai Shipping Corporation Ltd [2000] EWHC 195 (Comm) Conflicts : Choice of law - Thailand - HVR - Cargo damage. Application for stay to Thailand - implications for HVR time bar : Mr Justice Langley 5th April 2000

Portolana Compania Naviera Ltd v Vitol SA Inc [2004] EWCA Civ 864 Demurrage : Notice of Readiness. Ward LJ; Clarke LJ; Laws LJ. 9th July 2004

Portolana Compania Naviera Ltd. v Vitol S.A. Inc [2003] EWHC 1904 (Comm) Demurrage : Notice of readiness. Mr Justice Tomlinson. 29th July 2003.

Poseidon Schiffahrt GMBH v Nomadic Navigation Co [1999] EWCA Civ 818 Whether Clause 3(i) of the Shelltime 4 form of time charter has any application to defects in the vessel existing as at the time of her delivery as distinct from defects which came into existence after her delivery. Hirst LJ. 18th February 1999

Rey Banano del Pacifico CA v Transportes Navieros Ecuatorianos [2000] EWHC 215 (Comm) Cargo damage due to fluctuating temperatures in the hold. Claim by charterers and cargo owners for loss. Mr Justice Langley. 24th February 2000

Ronaasen & Son v Arcos Ltd [1933] UKHL 1 Arbitration : Case stated : Whether goods (staves) complied with the description or not and thus whether or not the buyer could reject. Held : Sufficient deviation from description to justify a finding of non-compliance. Lords
Buckmaster; Blanesburgh; Warring; Atkin; Macmillan. 2nd February 1933

Sabo SA v United Arab Shipping Company (SAG) [2005] EWHC 307 (Comm) Shipper privy to misrepresentations in B/L as to name of feeder vessel - and through shipment : aimed at deceiving banks and endorsees. Accordingly shipper did not rely on misstatements in bills of lading and had no course of action. Mr. Justice Cooke : Commercial Court. 3rd March 2005

Sameon Co SA v NV Petrofina SA [1997] EWCA Civ 1578 General average : conflicts of law. Staughton LJ; Henry LJ; Thorpe LJ. 30th April 1997.

Sanhe Hope Full Grain Oil Foods Production Co Ltd v Toepfer International Asia P/L [2007] EWHC 2784 (Comm) S69 AA 1996 challenge. Construction of clause 27 of the standard FOSFA Form 22. Purchase of futures in SOYA repudiated. Whether a loss suffered. Mr Justice David Steel. 28th November 2007

Scindia Steamship Navigation Co Ltd Bombay v Nippon Yusen Kaisha Ltd [2000] EWCA Civ 93 Detention - meaning of and liability for consequences of : 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? These questions arise under the terms of a time charter on an amended 1946 NYPE form. Henry LJ; Brooke LJ; Tuckey LJ.28th March 2000

Scruttons Ltd v Midland Silicones [1961] UKHL 4 Privity contract : Stevedores. Viscount Simonds
Lords Reid; Keith; Denning; Morris. 6th December 1961

Sea Success Maritime Inc v African Maritime Carriers Ltd. [2005] EWHC 1542 (Comm) Challege : s69 : Point of Law : meaning of clausing re bill of lading. Arbitrator correctly held that whilst clausing is not a term of art, in the circumstances a master could make reservations on a bill of lading, as opposed to clausing the bill or rejecting the cargo. Mr Justice Aiken. Commercial Court. 15th July 2005.

Sea Success Maritime Inc v African Maritime Carriers Ltd. [2005] EWHC 1542 (Comm) Distinction between description of goods and a claused bill of lading. Charterparty required master to refuse to load cargo where bill claused. Surveyor\'s description of steel coils as rusty incorporated into bill of lading : Held : Descriptive : not claused. No right to refuse to load. Mr Justice Aikens. 15th July 2005

Seagate Shipping Ltd v Glencore International AG [2008] EWHC 1904 (Comm) In a situation where an absence of certification under the Right ship approval system excluded a vessel from trading effectively was there an obligation for the owner to obtain and maintain RSA ? Held : No - and specifically excluded from the charter. Since an RSA rating is a prerequisite of many ports is an order by the charterer to submit to RSA inspection an order of employment of the vessel? Yes. Mr Justice David Steel : 31st July 2008.

Semco Salvage Marine Pte Ltd v. Lancer Navigation [1997] UKHL 2 Challenge : point of law. Court ask to interpret article 14 LOF arbitration terms regarding what is \\\"a fair rate for equipment and personnel actually and reasonably used in the salvage operation.\\\" Mackay LC Lords Goff ; Mustill; Lloyd; Hope. 6th Febrauary 1997.

Serena Navigation Ltd v Dera Commercial Establishment Standard Chartered Plc [2008] EWHC 1036 (Comm) Limitation Article IV Rule 5(a)Hague Visby Rules : Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding 666.77 [Special Drawing Rights] per package or unit or 2 [Special Drawing Rights] per kilogram of gross weight of the goods lost or damaged, whichever is the higher.\" Is limitation based on gross cargo loaded or the damaged cargo. Held : Gross cargo. Mr Justice Burton. 15th May 2008

Shandong Chenming Paper Holding Ltd v Saga Forest Carriers INTL AS [2008] EWHC 1055 (Comm) Time bar HVR - one year : time of delivery - on discharge - or when collected from warehouse. Held : Arguably on discharge - claim could be timebarred. Mr Justice Walker. 14th May 2008

SHV Gas Supply & Trading SAS v Naftomar Shipping & Trading Co Ltd Inc [2005] EWHC 2528 (Comm) Laycan under charterparty & fob and eta under cif contrasted. Laycan from earliest date of loading to date of cancellation if not loaded : eta - must be an honest and reasonable estimate : port of loading subject to adverse weather : eta 17-19 : by 27th entitled to cancell cif contract. Mr Justice Christopher Clarke. 15th November 2005.

Siboti K/S v BP France SA [2003] EWHC 1278 (Comm) All terms and conditions of charterparty insufficient to incorporate jurisdiction and choice of law into a bill of lading : requires express incorporation. Mr Justice Gross. 11th June 2003.

Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd [2008] EWCA Civ 955 Damages for loss of goods by bailee : where goods are in short supply relative to demand, damages will include lost profit and not simply the cost of replacing the goods : Warehouse lost, through third party fraud, a consignment of computer cards. Rix LJ; Wilson LJ; Rimer LJ. 8th August 2008

Sotrade Denizcilik Sanayi VE Ticaret AS v Amadou Lo [2008] EWHC 2762 (Comm) Successful application for damages for procuring the unlawful arrest of a vessel overseas by an insurance company in breach of the London Arbitration provisions in a contract. Jonathan Hirst. 19th November 2008

Southampton Cargo Handling Plc v Lotus Cars Ltd [2000] EWCA Civ 252 Theft of Lotus Car pre-shipment : liability as bailee of Dock facilities operators pursuant to a received for shipment bill of lading. Stevedores not liable never having taken possession or responsibility for care of the goods awaiting shipment. Peter Gibson LJ; Chadwick LJ; Rix LJ. 31st July 2000.

Standard Chartered Bank v Pakistan National Shipping Corp (2) [1999] EWCA Civ 3028 Does the same rigorous standard as to the accuracy of statements made in the course of the letter of credit transaction apply to the bank, as it applies to the master and agents of the shipowner? If it does, and the bank is liable or potentially liable for deceitful conduct, what is the effect, if any, on the bank\'s right to recover damages from the shipowner? Evans LJ; Aldous LJ; Ward LD. 3rd December 1999.

Standard Chartered Bank v Pakistan National Shipping Corp No2 [1999] EWCA Civ 3028 Fraudulently dated b/l : late presentation of documents outside DC period. Evans LJ; Aldous LJ; Ward LJ. 3rd December 1999

Standard Chartered Bank v Pakistan National Shipping Corp [2000] EWCA Civ 230 False date in bill of lading : Liability of owner to confirming bank. Non-conforming documents. Aldous LJ; Ward LJ; Sir Anthony Evans. 27th July 2000.

Standard Chartered Bank v Pakistan National Shipping Corporation [2001] EWCA Civ 55 Fraudulently dated bill of lading : Unsuccessful appeal against liability in fraud & deceit. Henry LJ; Potter LJ; Mr Justice Wall. 26th January 2001.

Starsin Owners of cargo v Starsin, Owners [2003] UKHL 12 Bills of lading : Ship owner or charterer bills : Lords Bingham ; Steyn ; Hoffmann ; Hobhouse ; Millett. 13th March 2003

Statoil ASA v Louis Dreyfus Energy Services LP [2008] EWHC 2257 (Comm) Demurrage : Whether a time bar to claim : whether a 1st and subsequently 2nd settlement agreement brokered after the alleged time bar. Whether settlement valid - quantification of claim. Mr Justice Aikens. 29th September 2008.

Stocznia Gdynia SA v Gearbulk Holdings Ltd [2008] EWHC 944 (Comm) s69 AA 1996 : Distinction between terminating a contract on contract terms and terminating by acceptance of repudiatory breach. United Dominions Trust (Commercial) Ltd v Ennis [1968] 1 QB 54 applied. Mr Justice Burton. 2nd May 2008.

Stx Pan Ocean Co Ltd v Ugland Bulk Transport A.S. (Livanita) [2007] EWHC 1317 (Comm) Challenge s69 : Interpretation of safe port clause. Challenge failed. Mr Justice Langley : 6th June 2007.

TICC Ltd v Cosco (UK) Ltd [2001] EWCA Civ 1862 Whether or not a carrier\'s freight surcharge known as a \"Peak Summer Surcharge\" (the \"surcharge\") was incorporated into contracts evidenced by bills of lading (Freight Collect) for the carriage of goods from Hong Kong to Felixstowe. Ward LJ; Kay LJ; Rix LJ. 5th December 2001.

Tidebrook Maritime Corp v Vitol SA of Geneva MT \"Front Commander\" [2005] EWHC 2582 (Comm) Commencement of laytime when a vessel arrives before the first layday, arising under the standard form of Asbatankvoy voyage charter. HHJ. Mackie QC. 21st October 2005.

Tidebrook Maritime Corporation v Vitol SA of Geneva : Front Commander [2006] EWCA Civ 944 Laytime - demurrage : What happens if charterers require a vessel to tender her notice of readiness, to berth, and to begin loading, all before the contractual commencement of the laydays? If her owners accept those orders without obtaining the charterers\' consent to an express stipulation that laytime is to start counting before the contractual commencement of the laydays, do the charterers obtain a period of free loading time? Held : No. Buxton LJ; Rix LJ; Scott Baker LJ; 5th July 2006.

Total Transport Corporation v Arcadia Petroleum Ltd [1997] EWCA Civ 2754 Can charterers require owner to dock and load on a particular day - or on arrival is he entitled to give notice of readiness - liability for docking early, if any. Vessel arrived 31st January - but charterers wanted a February bill of lading because due to a drop in market value - the cost of February cargo was £600,000 lower. Held : Owner not liable to indemnify charterer. Staughton LJ; Auld LJ; Sir John Balcombe. 18th November 1997.

Trade Green Shipping Inc v. Securitas Bremer Allgermeine Versicherungs A.G. [2000] EWHC Commercial 104 General average : meaning of detention. Mr Justice Moore-Bick. 9th May 2000.

Tradigrain SA v King Diamond Marine Ltd The Spiros C [2000] EWCA Civ 217 1. Is a shipper liable under his bill of lading contract with a shipowner to pay that owner freight \\\\\\\"payable as per\\\\\\\" a charter when freight under that charter has already been paid by the time when the shipowner demands payment to himself? 2. Is a shipowner entitled to demand payment to himself of freight under his bill of lading when that contract stipulates for payment to another party? 3. Is there an implied term in every bill of lading, in the absence of contrary provision, that the shipper will discharge the goods and will do so in a reasonable time? Henry LJ; Brooke LJ; Rix LJ. 13th July 2000

Trafigura Beheer BV v Golden Stavraetos Maritime Inc [2003] EWCA Civ 664 Charterer claim against owner for contamination of cargo : cargo rejected by first buyers and eventually discharged at another port. Whether claim made within 1 year under HVR - held YES - since within a year of final port of discharge : Note - contract of carriage the charterparty - not the bills of lading. VC : Clarke LJ; Kay LJ. 15th May 2003.

Trafigura Beheer BV v Mediterranean Shipping Co SA [2007] EWHC 944 (Comm) Fraudulent Bills of Lading. Mr Justice Aikens. 26th April 2007

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia [2006] EWHC 3030 (Comm) Challenge s69. Appeal against the basis of damages award. Held “To award damages in this case on the basis of the difference between the market and the charter rate for the overrun would compensate the Owners for only a fraction of the true loss caused by the breach. In compensating them for the whole of it the majority did not, in my judgement, err in law. I shall, accordingly, dismiss the appeal.” Mr Justice Christopher Clarke. 1st December 2006.

Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48 Damages : Late redelivery - legitimate last voyage : Held : Liability under charterparty limited to the commercial expectations of the chartering industry - viz - loss of the going market rate : the fact that an owner loses out on a lucrative charter due to extra-ordinary market conditions not to be taken into account. Lords Hoffmann; Hope; Rodger; Walker; Baroness Hale. 9th July 2008

Transfield Shipping v Mercator Shipping : The Achilleas [2007] EWCA Civ 901 If a charterer is liable to pay damages to an owner for late redelivery of the chartered vessel, are those damages limited by the principles of remoteness to the difference between the charter rate and the market rate at the time of redelivery (if the latter is higher than the charter rate) over the length of the overrun period, that is to say from the due redelivery date until actual redelivery, or can the owner claim damages based on the loss of his next fixture? Arbitral award & 1st appeal judgment upheld. Ward LJ; Tuckey LJ; Rix LJ. 6th September 2007

Triton Navigation Ltd. v Vitol SA [2003] EWCA Civ 1715 Demurrage : Vessel not fit to load cargo on arrival : after three cleaning sessions certificate of fitness awarded and valid notice of readiness given : By that time no cargo available for three weeks : Nonetheless demurrage due. Simon Brown LJ; Mummery LJ; Mance LJ. 2nd December 2003.

Ullises Shipping Corp v FAL Shipping Co Ltd Rev 1 [2006] EWHC 1729 (Comm) Chartered vessel arrested by authorities for breaking UN oil embargo in Irac. Whether charterer liable to owner for loss of vessel. Held : Yes. Mr Justice Colman. 14th July 2006.

United Arab Shipping v Galleon Industrial Ltd [2000] EWHC 202 (Comm) Delivery to consignee without production of bill of lading : consignee had not paid on endorsement and not entitled to recieve cargo : english Law - option of UAE or England jurisdiction. Conflicts - world wide freezing order against Lebanese proceedings. Mr Justice Moore-Bick. 18th December 2000.

Uzinterimpex JSC v Standard Bank Plc [2008] EWCA Civ 819 Mitigation : Breach of duty - Damages - impact of failure to mitigate loss by the innocent party. Sir Anthony Clarke MR. Laws LJ; Moore-Bick LJ. 15th July 2008.

Vinmar International Ltd. v Theresa Navigation SA [2001] EWHC 497 (Comm) Uncargoworthiness : Carrier admitted vessel was uncargoworthy for ethelyne due to contamination : during loading an early test indicated contamination : was the cargo owner responsible for further contamination by continuing to load. Court held : Shipper put in a dilemma by carrier - carrier liable. Mr Justice Tomlinson. 9th March 2001.

Vitol Energy (Bermuda) Ltd v Pisco Shipping Co Ltd [1998] EWCA Civ 47 Time bar : HVR. Hirst LJ; Robert Walker LJ; Mr Justice Harman. 21st January 1998

Waterfront Shipping Company Ltd v Trafigura AG [2007] EWHC 2482 (Comm) Demurrage : time bar established. Mrs Justice Gloster. 31st October 2007.

Welex A.G. v Rosa Maritime Ltd. [2003] EWCA Civ 938 Bill of lading : English Law & jurisdiction : Anti-suit injunction : Unsuccessful appeal. Brooke LJ; May LJ; Tuckey LJ. 3rd July 2003.

Welex AG v Rosa Maritime Ltd. [2002] EWHC 762 (Comm) Incorporation of arbitration clause from charterparty into bills of lading. Mr Justice David Steel. 25th April 2002.

Whistler International Ltd v. Kawasaki Kisen Kaisha Ltd [2000] UKHL 62 Utmost dispatch and deviation from the normal route under a time charter-party : employment of vessel. Lords Bingham ; Nicholls ; Hope ; Hobhouse. 7th December 2000.

WJ Alan & Company Ltd v El Nasr Export & Import Co [1972] EWCA Civ 12 Letters of Credit : Variation of terms regarding currency. Lord Denning MR, Megan LJ, Stephenson LJ. 3rd February 1972

Wunsche Handelsgesellschaft International mbH v Tai Ping Insurance Co Ltd [1998] EWCA Civ 388 Insurance : Duration of cover exx factory to warehouse Hamburg : Policy taken out at Shenzen - held retrospectively covered period ex factory to Shenzen where containers stuffed. Damage to cargo and pilferage loss covered. Stuart-Smith LJ; Morritt LJ; Waller LJ. 3rd March 1998.

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