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| 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. CA. 3rd April 2003. |
| by Aldous LJ; Judge LJ; Longmore LJ. Crown Copyright. |
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| 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. Commercial Court. 28th March 2003 |
| by Mr Justice Moore-Bick: Crown Copyright. |
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| Joint quality certificate on loading : Texaco rejected cargo as non-compliant on discharge : Held : Texaco subject to the final quality certificate on loading. Breach of contract. Commercial Court. 1st August 2003 |
| by Mr Nigel Teare QC:. Crown Copyright. |
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| Conforming goods - percentage of water in oil : demurrage. Commercial Court. 10th October 2003. |
| by Mr Justice Morison : Crown Copyright. |
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| 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. Commercial Court. 25th June 2003 |
| by Mr Justice Moore-Bick: Crown Copyright. |
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| Free in and out clause : Held : Carrier not liable for damage to cargo during loading. CA. 13th February 2003 |
| by Waller LJ; Tuckey LJ; Mr Justice Black. Crown Copyright. |
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| Held : Confirming award that an option to charter-back is not the same as redelivery. Commercial Court. 17th January 2003. |
| by Mr Justice Morison : Crown Copyright. |
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| 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. CA. 23rd October 2003 |
| by The President; Clarke LJ; Sedley LJ. Crown Copyright |
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| Misdelivery without production of bills of lading. CA. 12th February 2003. |
| by Brooke LJ; Laws LJ; Mance LJ. Crown Copyright |
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| 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. Commercial Court. 9th July 2003. |
| by Mr Justice Moore-Bick: Crown Copyright. |
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| Reaffirmed that express wording in a bill of lading is required to incorporate arbitration clause into a bill of lading. The Merak, The Varenna and The Federal Bulker applied. Refusal to enforce arbitration award. Commercial Court. 11th June 2003 |
| by Mr Justice Gross: Crown Copyright |
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| Test to determine between owners and charterers bills of lading. Tortious liability of owner in tort – impact of HVR. House of Lords. 13th March 2003 |
| by Lords Bingham ; Steyn: Hoffmann: Hobhouse : Millett. Parliamentary Copyright. . |
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| 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. Commercial Court. 23rd January 2003 |
| by Mr Justice Moore-Bick:. Crown Copyright |
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