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| 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. Commercial Court. 16th February 2005 |
| by Mr Justice Aikens : Crown Copyright . |
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| Inspection companies : Duties re testing of cargo on loading and discharge. Commercial Court. 7th October 2005 |
| by Mr. Justice Cresswell : Crown Copyright |
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| Cargo claims under a charterparty subject to the HVR are subject to a 1 year time bar. Claimants sought damages for wasted bunkers. The event arose out of dirty holds that required cleaning. Held : This was not a cargo claim. No bar. Commercial Court. 25th February 2005 |
| by Mr Justice Cresswell : Crown Copyright : |
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| E&I : 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 charterer’s stevedores in the overall course of loading and discharging operations. Held : Charterer to indemnify owner. CA. 25th January 2005. |
| by Waller LJ; Rix LJ. Sir Martin Nourse. Crown Copyright |
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| Meaning and effect of off hire in a single trip charterparty. Commercial Court. 20th May 2005 |
| by Mr. Michael Crane Q.C. : Crown Copyright |
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| Enforceability of letter of indemnity for delivery of cargo without production of bills of lading. CA. 5th May 2005. |
| by V.C. Clarke LJ; Neuberger LJ. Crown Copyright |
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| General Average adjustment : seaworthiness. Underwriters refused to comply with GA adjustment on grounds of unseaworthiness which would negate the right to GA. Owners sought enforcement in UK. Underwriters domiciled in various EU states. Held : In absence of Choice of English Law and Jurisdiction clause, under Brussels enforcement had to be sought individually before the courts of the respective states of domicile. CA. 28th July 2005 |
| by Ward LJ; Clarke LJ; Neuberger LJ. Crown Copyright |
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| Does the HVR apply to a straight / named bill of lading -? Held : YES. Significance : HVR limitation levels apply. House of Lords. 16th February 2005. |
| by Lords Bingham; Nicholls; Steyn : Rodger; Brown. Parliamentary Copyright. |
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| 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. Commercial Court. 3rd March 2005 |
| by Mr. Justice Cooke : Crown Copyright |
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| 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 cancel cif contract. Commercial Court. 15th November 2005. |
| by Mr Justice Christopher Clarke. Crown Copyright |
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| Commencement of laytime when a vessel arrives before the first layday, arising under the standard form of Asbatankvoy voyage charter. Commercial Court. 21st October 2005 |
| by His Honour Judge Mackie QC. Crown Copyright |
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