Category Archives: Maritime

Formation – voyage charter – incorrect party named in exchange of emails – voyage carried out and paid for – contract by conduct (more…)

Bills of Lading – section 2(4) of the Carriage of Goods by Sea Act, 1992 which enables a holder of a bill to sue on behalf of the real owner of cargo does not create a separate cause of action.

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Hague rules – carrier has burden to prove exceptions.

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Port charter – charterers bound by nomination of berth.

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Ice exception – charterers designating a loading place later affected by ice – exception sustained.

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Port-charter – Centrocon strike clause 30 – this exception held to cover ordinary congestion

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NYPE Charter – anti – technicality clause – interpretation of proviso “intention to fail” to pay.

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Measure of damages – vessel re-delivered early to owners – not a factor to be taken into account in computing damages for breach of sub-charter

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Measure of damages – held to be the difference between head-charter rate and sub-charter rate.

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Safe port- charterers liable for delay caused by port being unsafe.

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One time charter trip – charterers obliged to find alternative lawful cargo where not possible to load intended cargo – rule B attachment in New York not a breach of the London Arbitration clause.

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NYPE form, clause 15 – whether a vessel off-hire under seizure by Somali pirates.

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Bunkers – purchased by and delivered to charterers shortly before withdrawal of vessel by owners – owners not obtaining good title by virtue of section 25(1) of the Sale of Goods Act 1979. (more…)

Consensual redelivery – owners buying bunkers remaining on board pursuant to time charterparty – section 25(1) of the Sale of Goods Act 1979 held applicable

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Straight bill of lading – original consignees replaced by shippers – original consignees having no right to delivery of goods by the carrier by virtue of the provisions of the CARRIAGE OF GOODS BY SEA ACT 1992.

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Construction/interpretation – off-hire/cancellation clause – “oil major” defined

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Incorporation – Hague rules incorporated into charterparty – contract of carriage in Rule 1(c) still referring to bill of lading regarding on deck statement – exemption clause – clause 13(b) of NYPE 1993 not protecting owners against negligence.

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Redelivery – charterers unilaterally amending notice of early redelivery with impunity

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Measure of Damages – repudiation of timecharter – defaulting charterers entitled to benefit from fortuitous events causing a reduction in owners’ damages

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