by michael | Oct 26, 2017 | Charter Party Cases
“shall perform her service with utmost despatch and shall proceed to” load port – creates an absolute obligation The Facts The vessel was chartered on a Shellvoy 5 form dated 5 January 2015 for a voyage from Rotterdam to the Far East. The...
by michael | Oct 24, 2017 | Charter Party Cases
Voyage charterparty – “with all convenient speed sail and proceed” to load port – creates an absolute obligation The Facts On 30 July 1953, the vessel left the United Kingdom for Fort Churchill, a port on the Hudson Bay, in ballast to load...
by michael | Oct 24, 2017 | Charter Party Cases
“Shall with all convenience proceed” to load port creates an obligation which gives rise to a claim for damages The Facts By a voyage charter party on the “Merseycon” form, owners, on 2 August 1933, agreed as follows: “That the said steamer being...
by michael | Aug 14, 2017 | Charter Party Cases
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...
by michael | Jul 7, 2017 | Charter Party Cases
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...
by michael | Jul 4, 2017 | Charter Party Cases
Voyage charterparty – construction of lay time provisions. The Facts The vessel was chartered for one voyage from one safe port Ust-Luga to one or two safe port(s) “UK Cont North Spain – Hamburg Range”. The charterparty was later revised to include a second voyage...
