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.
311. Koch Marine Inc v D’ Amico Societa Di Navigazione A.R.L (The “Elena D’ Amico”)  1 Lloyd’s Rep 75
Measure of damages – time charterers confined to difference between contract and market rates.
310. Glory Wealth Shipping (PTE) Ltd v North China Shipping Ltd (The “North Prince”)  1 Lloyds Law Reports Plus 19
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
Measure of damages – held to be the difference between head-charter rate and sub-charter rate.
Hague rules – carrier has burden to prove exceptions.
Port charter – charterers bound by nomination of berth.
Ice exception – charterers designating a loading place later affected by ice – exception sustained.
305. Venizelos A.N.E of Athens v Societe Commerciale De Cereales Et Financiere S.A of Zurich (The “Prometheus”)  1 Lloyd’s Rep 350
Port-charter – Centrocon strike clause 30 – this exception held to cover ordinary congestion
NYPE Charter – anti – technicality clause – interpretation of proviso “intention to fail” to pay.
299. Angara Maritime Limited v Oceanconnect UK Limited (the “Fesco Angara”)  EWHC 619;  EWCA Civ 1050
Consensual redelivery – owners buying bunkers remaining on board pursuant to time charterparty – section 25(1) of the Sale of Goods Act 1979 held applicable
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.
Construction/interpretation – off-hire/cancellation clause – “oil major” defined
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.
295. Int Shipping and Chartering GMBH v Chansung Shipping Company Limited (The “Zenovia”)  EWHC 739 (Comm)
Redelivery – charterers unilaterally amending notice of early redelivery with impunity
Measure of Damages – repudiation of timecharter – defaulting charterers entitled to benefit from fortuitous events causing a reduction in owners’ damages
303. Emeraldian Limited Partnership v Wellmix Shipping Ltd and Another (The “Vine”)  1 Lloyd’s Rep 301
Safe port- charterers liable for delay caused by port being unsafe.
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.
NYPE form, clause 15 – whether a vessel off-hire under seizure by Somali pirates.
300. Forsythe International (UK) Ltd v Silver Shipping Co Ltd & Others (The “Saetta”)  1 WLR 1334
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…)