Author Archives: michael

520. Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore [2016] EWHC 1118 (Comm); [2017] EWCA Civ 1703

Notice of arbitration served on employee of associated company – implied actual authority to accept service found on the facts.  The Facts      Charterers, a Hong Kong company, entered into an arrangement with a PRC Company, sellers, in terms of which contracts of purchase and sale of commodities would be entered into in the charterers’ name. […]

551. MT Højgaard A/S v EON Climate and Renewables 2014 [EWHC] 1088 (TCC); 2015 [EWCA] Civ 407; 2017 [UKSC] 59

Design and build contract – minimum lifespan provision taking precedence over specific design requirements agreed upon The Facts The employer, EON, accepted the tender of the contractor, MTH, to design and build the generators for two adjacent windfarms in the Solway Firth. The contract contained a provision regulating the hierarchy of documents, with the contract […]

550. MSC Depots (Pty) Ltd v WK Construction (Pty) Ltd, Wynford’s Civil and Development CC 2011 (2) SA 417 (ECP); [2011] ZA SCA 115

Contractor cannot be in breach of clause 15.3 of the JBCC on grounds of defective performance where it is not given the opportunity to remedy such defective performance. The Facts The Plaintiff shipping company contracted the Defendant paving contractor to provide paving for a container depot. The contract was on an unidentified version of the […]

398. Gard Marine & Energy Ltd v China National Chartering Co Ltd & others (the “Ocean Victory”) [2013] EWHC 2199 (Comm) ;[2015] EWCA Civ 16; [2017] UKSC 35

Safe port warranty – port of Kashima affected simultaneously with long waves and a force 9 gale – running aground and breaking up – charterers not in breach of safe port warranty The Facts The vessel, a Capesize Bulk Carrier, was ordered on a time charter trip on an amended NYPE form to carry iron […]

545. El Greco (Australia) (Pty) Ltd v Mediterranean Shipping Co SA (the “MSC Melbourne”) [2004] 2 Lloyds Rep 537

Hague Visby Rules – substantial quantity of individual prints and posters packed in a container – not “units” for purposes of limitation The Facts A cargo of posters and prints were loaded on board the vessel at Port Botany, Sydney in a 20 foot general purpose container. The vessel sailed for Antwerp where the container […]

544. Kyokuyo Ltd v AP Møller – Maersk A/S t/a “Maersk Line” [2017] EWHC 654 (Comm)

Hague/Hague Visby Rules – limitation as applied to containerized frozen fish.

The Facts

Twelve containers of frozen tuna were shipped on Maersk Tangier on 24 November 2012.

The vessel sailed from Cartagena, Spain to Yokohama. En route, at Valencia, nine of the twelve containers were transshipped onto Maersk Emden.

The three remaining containers A, B and C were transshipped onto Maersk Eindhoven which left Valencia only a month later.

At Barcelona, container C was de-stuffed, its contents re-stuffed into a Replacement Container and shipped on Maersk Tangier.

Container B and the Replacement Container were carried by road from Yokohama to Shimizu.

All twelve containers were shipped pursuant to the Maersk terms containing an implied term entitling shippers to demand that Bills of Lading be issued by Maersk Line.

Maersk Line issued a draft Bill of Lading to the Claimant who was named in the draft bill as the consignee.

No Bills of Lading were issued for the three containers in question.

To avoid delay, Maersk Line agreed to issue three sea waybills, one for each of the containers, A, B and Replacement Container, to the Claimant.

Container A contained 206 frozen tuna loins and 460 bags of tuna parts. The frozen loins were enumerated on the sea waybill but the bags were not.

Container B and the Replacement Container contained 520 and 500 frozen loins respectively, both quantities enumerated on the relevant sea waybills.

On arrival in Japan, the tuna in all three containers was found to be damaged.

Findings (more…)

542. Navelmar UK Ltd v Kale Maden Hammaddeler Sanayi Ticaret AS (“the MV Arundel Castle”) [2017] EWHC 116 (Comm)

Port charterparty – “within port limits” defined. The Facts A fixture recap contained the following clause: “15. Notice of readiness to be tendered at both ends even by cable/telefax on vessel’s arrival at load/discharging ports within port limits. The notice of readiness not to be tendered before commencement of laydays. … Otherwise Gencon 94 printed […]

541. Patel v Mirza [2016] UK SC 42

Claim for recovery of money paid under an illegal contract The Facts Patel paid £620 000 to Mirza to bet on Royal Bank of Scotland shares, using inside information. The purpose of the contract was never carried out and Patel sued for the return of his money. Findings Deputy Judge David Donaldson QC refused the claim […]

540. Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd (the “MV Yangtze Xing Hua”) [2016] EWHC 3132 (Comm)

Interpretation of clause 8(d) of the Inter-Club Agreement, 1996 The Facts Soya bean meal was shipped from South America to Iran under a trip time charter on the NYPE form. The vessel arrived off the discharge port in Iran in December 2012. Not having been paid for the cargo, charterers ordered the vessel to wait […]

539. Volcafe Ltd v Compania Sud Americana de Vapores SA (trading as “CSAV”) [2016] EWCA Civ 1103

Hague Rules – proof of excepted peril in Article IV rule (2) shifting burden to cargo to prove negligence of the carrier The Facts Nine consignments of washed Columbian green coffee beans were carried in 20 dry, unventilated 20 foot containers, each loaded with 275 hessian 70kg bags from Buenaventura, Columbia to Northern Germany. The […]