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590. Bilgent Shipping PTE/ADM International SARL/ Oldendorff Carriers GmbH (the “Alpha Harmony”) [2019] EWHC 2522 (Comm)

Notice of Readiness required to be given during office hours – laycan dates falling on Sunday – office hours provision determinative under sub-charter but not under head-charter  The facts The vessel was let under a Norgrain 1973 form for two voyages from South America to China and sub-let on a Baltimore Form C Berth Grain […]

589. Rubicon Vantage International Pte Ltd v Krisenergy Ltd [2019] EWHC 2012 (Comm)

Demand guarantee – Floating Storage and Offloading Facility (FSO) – works relating to covered by a written guarantee given by parent company of the obligee – interpretation of guarantee and compliance decided – 2 Court of Appeal authorities cited as providing assistance in determining whether guarantees were “demand” or secondary obligation “see to it” guarantees […]

588. Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”)[2019] EWHC 1213 (Comm)

BIMCO SupplyTime 2017 Charterparty for Offshore Support Vessels – clause 12 (e) -failure to dispute invoices precludes later recovery for off-hire events The facts Clause 12(e) required charterers to notify owners of disputed amounts in invoices presented and to pay undisputed amounts . Clause 12(g) provided for an audit of the owners’ books of account […]

587. K v A [2019] EWHC 118 (Comm)

FOB sale – payment obligation on buyers to pay into account nominated by sellers – buyers’ email account hacked resulting in payment to incorrect account – buyers liable for loss suffered by sellers The facts 5000 metric tonnes of Romanian sunflower meal was sold FOB Galati, Romania. Payment was to be in cash within 2 […]

582. Classic Maritime Inc v Limbungan Makmur SDN BHD [2018] EWHC 2389 (Comm); [2019] EWCA Civ 1102

Force Majeure clause – contract of affreightment – charterers not able to perform for reasons other than the force majeure event not entitled to rely on clause –  substantial damages awarded on appeal to the Court of Appeal The facts A long term contract of affreightment was entered into between Classic Maritime, ship owners, and […]

580. Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd (“The Sea Master”) [2018] EWHC 1902 (Comm)

Holder of a bill of lading becoming party to the contract of carriage by virtue of s2 of COGSA 1992 bound by arbitration clause despite not having incurred liability by triggering events mentioned in s3 The voyage Seven thousand mt soyabean meal was shipped from San Lorenzo, Argentina, to Agadir and Casablanca (originally) and (eventually) […]

572. The Monica S.; Owners of Cargo Laden on Ship Monica Smith v Owners of Ship formerly “Monica Smith” now “Monica S” [1967] 3 All ER 740

Proceedings in rem – properly brought by issue of writ and not affected by subsequent change of ownership of the vessel

 The facts

In November 1966, the plaintiffs, cargo owners, issued a writ in rem against ship owners, Smith Rederi Aktiebolaget, the Monica Smith, claiming damages for breach of contract .

In January 1967, the ship owners sold the ship to the defendants, Rederi Aktiebolaget Tankoil, who renamed her the Monica S.

On 9 February 1967, the writ was amended to reflect the changed details.

Tankoil applied for an order setting aside the amended writ or service of it. (more…)

571. Tebtale Marine Inc v MS Mare Traveller Schiffahrts GMBH & Co KG (the “Mare Traveller” and the “Mount Meru”) 2018 (2) SA 490 (WCC)

Protective writ set aside on basis that vessel no longer owned by entity liable The facts Creditors of Hanjin Shipping issued protective writs out of various South African courts against more than 70 Hanjin beneficially owned ships to facilitate their arrest in rem, as associated ships, when they called at local ports. Tebtale, owners of Mount […]