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| (a) whether and in what circumstances the common law rule of law and/or s.17 can apply in the event of use of fraudulent means or devices (“fraudulent devices” for short) to promote a claim, which claim may prove at trial to be in all other respects valid, (b) whether (if so) the application of that rule and section ceases with the commencement of litigation and (c) whether, in the light of the answers to these questions, the judge should have allowed the appellant insurers to amend their defence to assert (in short) that the respondents, during the course of the present litigation, maintained a case involving lying representations, as to the date when hot works commenced on the insured vessel. CA 6th March 2002. |
| by Brooke LJ; Mance LJ; Mr Justice Park. Crown Copyright. |
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| 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. Commercial Court. 11th July 2002 |
| by Mr Justice Langley: Crown Copyright. |
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| Delivery without production of bills of lading : HVR & Hamburg : Title of shipper to sue. Commercial Court. 7th February 2002 |
| by Mr Justice Thomas : Crown Copyright |
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| 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 Appeal allowed reinstating arbitral award. CA. 15th July 2002. |
| by Potter LJ; Arden LJ; Sir Denis Henry. Crown Copyright |
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| 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. Commercial Court. 6th February 2002. |
| by Mr Justice Langley: Crown Copyright |
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| Cancellation fee in respect of a charter. CA. 14th October 2002. |
| by Lord Phillips MR; May LJ; Laws LJ. Crown Copyright |
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| Claim for demurrage allegedly due and a counterclaim for demurrage allegedly overpaid. Commercial Court. 1st May 2002. |
| by Mr Justice Langley: Crown Copyright |
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| 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. CA. 30th July 2002 |
| by Potter LJ; Keene LJ; Mr Justice Sumner. Crown Copyright |
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| Fire : allegations of unseaworthiness and actual fault and privity of management : incompetent crew. Commercial Court. 7th February 2002. |
| by Mr. Justice Cresswell. Crown Copyright. |
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| Whether HVR apply : whether cargo claim limited by the convention to £100 / package : Held : Yes to both. CA. 17th May 2002 |
| by Aldous LJ; TuckeyLJ; Rix Lj. Crown Copyright. |
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| Does the HVR apply to a straight / named bill of lading ? Arbitrator and court at first instance held NO. Commercial Court . 17th April 2002. |
| by Mr Justice Langley: Crown Copyright. |
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