At the latest Cadwallader’s symposium and dinner I was tempted from the available publications on …show; all for November 2012 – except for the Lloyds Maritime and Commercil Law quartely and LLOYD’S MARITIME LAW, which is for August and October 2012 respectively- here we go:
The Lloyd’s Law Reports, part 9 (2012) Vol includes:
The Crudesky case,
Charterparty (Voyage/Delay/Vessel delayed at Port Harcourt by Nigerian authorities after loading cargo of crude oil/Whether charterers liable to pay demurrage/Whether payable at full or half rate/Whether owners entitled to recover additional war risk premium/Whether owners entitled to cost of producing fresh water and consumption of bunkers during period of delay.
Sale of goods (fob)/Whether buyers entitled to pass on demurrage and additional war risk insurance liabilities to sellers/Whether sellers in breach of express or implied terms of contract/Whether sellers entitled to rely on force majeure exception/Sale of Goods Act 1979, sections 12 (1) and 12(2)(b).
the F G Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd;
Sale of goods/Action for the price/Passing of property/Retention of title clause/No set-off clause/Whether clause incorporated, applicable and valid/Sale of Goods Act 1979, section 49/Unfair Contract Terms Act 1977, sections 3(2) and 11.
the VTc v PVS
Charterparty (Time)/Warranty by owners that vessel would arrive at load port with “all cargo tanks… suitable to load the intended cargo”/Vessel found to have crack in slop ank/Whether owners in breach of charter.-
Viewers should note that Lloyd’s Law reports Plus cases are available on www.i-law.com
In this issue:
- Case and comment
- Withdrawal with cargo still on board (The Kos)
- Liability for loss caused through reliance on an inaccurate route guide (Munro v Sturrock)
- Private, court-approved sales of vessels and aircraft in Malta
- Limits of contractual estoppel (Procter & Gamble v Svenska Cellulosa, Compass Group v Mid Essex Hospital Services, Dubai Islamic Bank v PSI Energy
- The subtle variety of jurisdiction agreements PROFESSOR ANDRIAN BRIGGS
- The Third partes (Rights Against Insurers) Act 2012: unanswered questions and rights of set-off TIM BULLYMORE
- The hypothetical negotiation measure: an untenable fiction? PETER DEVONSHIRE
- British Westinghouse revisited ANDREW DYSON
- Car accidents and credit hire agreements PROFESSOR PHILIP RAWLINGS AND IOANNA RUDD
- Money awards substituting for performance DR DAVID WINTERTON
This newsletter includes cases from Australia
1.the (2012) 858 LMLN 1 – Admiralty jurisdiction – Forward Freight agreement – Whether agreement relating to the carriage of goods by ship – the Transfield ER Futures Ltd v The ship “Giovanna Iuliano” – Federal CT of Australia (Gordon J) 28 May 2012
2.the (2012) 858 LMLN 2 – Tort- Damages-Fraudulent misrepresentation – Agent misrepresenting charterers’ ability to perform charterers – Measure of damages – Owners failing to adduce evidence of loss – whether matter should be remitted to allow owners to prove loss – Thompson v STX Pan Ocean Co Ltd – Federal Ct of Australia (Greenwood, McKerracher and Reeves JJ) – 29 February 2012
Cases – New Zealand
1.The (2012) 858 LMLN 3 – Admiralty jurisdiction – Caveat against release of vessel from arrest – Caveat lodged by unpaid supplier of fittings to boatbuilder – High Court setting cveat aside and awarding indemnity costs – whether judge entitled to make indemnity costs order – Quantification of costs – the General Marine Services Ltd v The ship “Luana” – Court of appeal of New Zealand (Arnold, Randerson and White JJ – 2 August 2012
(2012) 858 LMLN 4 – Charterparty – Vessel chartered for voyage from Houston to Poti – additional clause giving charterers option to discharge at second port in which event time to count from arrival at pilot station to dropping outward pilot – Whether additional clause operated independently of charterparty laytime code.-
a) Compulsory insuranace of shipowers for maritime claims
b) P & I Clubds nd competition law, and
c) A cse update: foreign arbitration clause n a voyage charter held to be ineffective by Aaustralian court, and
d) Incorportaion by notice of terms in saale contract.-
Finally, the Maritime Risk International which covers the important issue of Criminalisation and the growing concerns for the industry. Other matters are a report of a collision in Hong Kong; The Human cost of Piracy; and finally the strikes that loom in Americas. Enjoy the read!