by michael | Nov 25, 2018 | Charter Party Cases
Laytime and demurrage – oil tanker arriving after cancelling date and rejected twice for dirty tanks – charterers electing not to cancel, missing turn in regulated allocation of gasoil – delay for the account of the charterers The facts Asbatankvoy form with...
by michael | Sep 28, 2018 | Charter Party Cases
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...
by michael | Sep 23, 2018 | Charter Party Cases
Arbitration – long delay by claimant in prosecuting claim – application by defendant for injunction refused The facts In August 1964, Bremer Vulkan agreed to build 5 bulk carriers for South India Shipping. The contract was governed by German law and contained a London...
by michael | Aug 24, 2018 | Charter Party Cases
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...
by michael | Aug 7, 2018 | Charter Party Cases
Per Lord Pearce: “… Credibility involves wider problems than mere “demeanour” which is mostly concerned with whether the witness appears to be telling the truth as he now believes it to be. Credibility covers the following problems. First, is...
by michael | Aug 7, 2018 | Charter Party Cases
per Leggatt J: Evidence based on recollection An obvious difficulty which affects allegations and oral evidence based on recollection of events which occurred several years ago is the unreliability of human memory. While everyone knows that memory is fallible, I do...
