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| Dead freight : safe port. Questions of law : entitlement to deadfreight and / or action for breach of safe port obligations in the alternative. Three consecutive voyage charterparties in Asbatankvoy form. CA. 7th March 2008 |
| by Sir Anthony Clarke MR; Longmore LJ; Sir William Aldous. Crown Copyright |
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| Illegality : repudiation by breach of implied term. Held : Breach, if any technical. No implied term as to legality of operations - viz import of recycled waste from UK to Germany. CA. 22nd May 2008 |
| by Waller LJ; Lawrence Collins LJ; Rimer LJ. Crown Copyright |
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| Freezing order : Cargo claim - wetted grain : charterparty : Unsuccessful application by owner to discharge freezing order – secured in support of arbitration proceedings to prevent dissipation of assets. Commercial Court. 15th July 2008 |
| by Mr Justice Flaux: Crown Copyright |
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| Restitution – breach of statutory duty - tort. Application to set aside the decision of Lewison J ([2008] 2 WLR 637) 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. 14th October 2008. |
| by Tuckey LJ; Arden LJ; Longmore LJ. Crown Copyright |
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| 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. CA. 23rd May 2008 |
| by MR; Longmore LJ; Lawrnece Collins LJ. Crown Copyright |
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| Anticipatory repudiatory breach : Did a notice of breach - given under the mistaken belief that shipment had not occurred on time - amount to a breach of contract that could be accepted by the other side? Held - YES. Could it be withdrawn? No. Commercial Court. 6th June 2008 |
| by Mr Justice Aikens: Crown Copyright |
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| 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. See also Sotrade. Commercial Court. 19th November 2008 |
| by Mr Hirst QC: Crown Copyright |
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| Is a 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. Commercial Court. 9th June 2008 |
| by Mr Justice Christopher Clarke. Crown Copyright |
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| 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. Commercial Court. 1st August 2008 |
| by Mr Justice Aikens : Crown Copyright |
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| Laytime; demurrage ; due diligence and cargo care. Commercial Court. 21st October 2008 |
| by Mr Justice David Steel : Crown Copyright |
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| Withholding notice : Validity - right to set off counterclaims - enforcement of / appeal against summary judgement. TCC. 7th May 2008 |
| by Mr Justice Ramsey: Crown Copyright |
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Meaning of the Clause \"Warranted Owner and/or Owners experienced skipper on board and in charge at all times and one experienced crew member.\" limited to times when the vessel operational, not when tied up. Fire on fishing vessel while crew off vessel eating. Held : no breach of warranty. CA. 27th November 2008
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| by Sir Anthony Clarke MR; Maurice Kay LJ; Stanley Burnton LJ. Crown Copyright |
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| Letters of intent - installation of production plant for Muller Rice : What contract terms if any could be identified and what payment provisions applied to that contract? TCC. 16th May 2008. |
| by Mr Justice Christopher Clarke : Crown Copyright |
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| 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 intentionally omitted 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. Commercial Court. 31st July 2008 |
| by Mr Justice David Steel : Crown Copyright |
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| 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 [SDRs] 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. Commercial Court. 15th May 2008 |
| by Mr Justice Burton : Crown Copyright |
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| Time bar HVR - one year : time of delivery - on discharge - or when collected from warehouse. Held : Arguably on discharge - claim could be time barred. Commercial Court. 14th May 2008 |
| by Mr Justice Walker : Crown Copyright |
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| 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. 8th August 2008 |
| by Rix LJ; Wilson LJ; Rimer LJ. Crown Copyright |
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| 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. See also Kallang. Commercial Court. 19th November 2008 |
| by Mr Hirst QC: Crown Copyright |
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| 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. Commercial Court. 29th September 2008 |
| by Mr Justice Aikens. Crown Copyright |
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| 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. House of Lords. 9th July 2008 |
| by Lords Hoffmann; Hope; Rodger; Walker; Baroness Hale of Richmond. |
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| Mitigation : Breach of duty - Damages - impact of failure to mitigate loss by the innocent party. CA. 15th July 2008 |
| by Sir Anthony Clarke MR; Laws LJ; Moore-Bick LJ. Crown Copyright |
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