Maritime Archives - Charter Party Casebook https://charterpartycases.com/case/category/maritime Charterparty and Bills of Lading Case Summaries Sun, 09 Jan 2022 19:45:36 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://charterpartycases.com/wp-content/uploads/2018/06/cropped-icon-32x32.jpg Maritime Archives - Charter Party Casebook https://charterpartycases.com/case/category/maritime 32 32 314. TTMI Sarl v Statoil ASA (The “Sibohelle”) [2011] EWHC 1150 (Comm) https://charterpartycases.com/case/ttmi-sarl-v-statoil-asa-the-%e2%80%9csibohelle%e2%80%9d-2011-ewhc-1150-comm Mon, 22 Aug 2011 11:53:47 +0000 http://charterpartycases.com/?p=646 Formation – voyage charter – incorrect party named in exchange of emails – voyage carried out and paid for – contract by conduct The facts Disponent owners, one of a group of companies, sought to trade their vessel on the spot market. Brokers entered the vessel on their lists as belonging to the group of […]

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]]> 312. Pace Shipping Co Ltd v Churchgate Nigeria Ltd (The “Pace”) (No.2) [2010] EWHC 2828 (Comm) https://charterpartycases.com/case/312-pace-shipping-co-ltd-v-churchgate-nigeria-ltd-the-%e2%80%9cpace%e2%80%9d-no-2-2010-ewhc-2828-comm Fri, 05 Aug 2011 09:03:37 +0000 http://charterpartycases.com/?p=625 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.  The facts Bagged rice was carried from Thailand to Nigeria under Bills of Lading. The […]

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]]> 306. Owners of Steamship “Matheos” v Louis Dreyfus & Co [1925] A.C.654 https://charterpartycases.com/case/306-owners-of-steamship-%e2%80%9cmatheos%e2%80%9d-v-louis-dreyfus-co-1925-a-c-654 Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/306-owners-of-steamship-%e2%80%9cmatheos%e2%80%9d-v-louis-dreyfus-co-1925-a-c-654 Ice exception – charterers designating a loading place later affected by ice – exception sustained. The facts The vessel was to load a cargo of wheat at a port on the Danube. An ice exception provided as follows: “detention by frost or ice from Ibrail down to Sulina…shall not count as lay days” There were […]

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]]> 305. Venizelos A.N.E of Athens v Societe Commerciale De Cereales Et Financiere S.A of Zurich (The “Prometheus”) [1974] 1 Lloyd’s Rep 350 https://charterpartycases.com/case/305-venizelos-a-n-e-of-athens-v-societe-commerciale-de-cereales-et-financiere-s-a-of-zurich-the-%e2%80%9cprometheus%e2%80%9d-1974-1-lloyd%e2%80%99s-rep-350 Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/305-venizelos-a-n-e-of-athens-v-societe-commerciale-de-cereales-et-financiere-s-a-of-zurich-the-%e2%80%9cprometheus%e2%80%9d-1974-1-lloyd%e2%80%99s-rep-350 Port-charter – Centrocon strike clause 30 – this exception held to cover ordinary congestion The facts The vessel was chartered on the Centrocon form to carry heavy grain or sorghums in bulk at one or two safe loading ports in the river Parana not higher than San Lorenzo and the remainder at Buenos Aires or […]

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]]> 304. Owneast Shipping Ltd v Qatar Navigation Qsc (The “Qatar Star”) [2011] Lloyd’s Rep 350 https://charterpartycases.com/case/304-owneast-shipping-ltd-v-qatar-navigation-qsc-the-%e2%80%9cqatar-star%e2%80%9d-2011-lloyd%e2%80%99s-rep-350 Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/304-owneast-shipping-ltd-v-qatar-navigation-qsc-the-%e2%80%9cqatar-star%e2%80%9d-2011-lloyd%e2%80%99s-rep-350 NYPE Charter – anti – technicality clause – interpretation of proviso “intention to fail” to pay. The facts The term of the charter was for 48 months plus/minus two months at charterers’ option. Hire was to be paid semi-monthly in advance. The anti-technicality clause (62) read as follows: “…where there is any failure to make […]

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]]> 311. Koch Marine Inc v D’ Amico Societa Di Navigazione A.R.L (The “Elena D’ Amico”) [1980] 1 Lloyd’s Rep 75 https://charterpartycases.com/case/311-koch-marine-inc-v-d%e2%80%99-amico-societa-di-navigazione-a-r-l-the-%e2%80%9celena-d%e2%80%99-amico%e2%80%9d-1980-1-lloyd%e2%80%99s-rep-75 Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/311-koch-marine-inc-v-d%e2%80%99-amico-societa-di-navigazione-a-r-l-the-%e2%80%9celena-d%e2%80%99-amico%e2%80%9d-1980-1-lloyd%e2%80%99s-rep-75 Measure of damages – time charterers confined to difference between contract and market rates. The facts The charter period was three years (thirty days, more or less, at charterers’ option) from date of delivery. After fourteen months in service along the Italian coast and elsewhere, the vessel, flagged in Italy, was found to be in […]

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]]> 310. Glory Wealth Shipping (PTE) Ltd v North China Shipping Ltd (The “North Prince”) [2011] 1 Lloyds Law Reports Plus 19 https://charterpartycases.com/case/310-glory-wealth-shipping-pte-ltd-v-north-china-shipping-ltd-the-%e2%80%9cnorth-prince%e2%80%9d-2011-1-lloyds-law-reports-plus-19 Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/310-glory-wealth-shipping-pte-ltd-v-north-china-shipping-ltd-the-%e2%80%9cnorth-prince%e2%80%9d-2011-1-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   The facts Sub- charterers repudiated about six months before the contractual end of the sub-charter. Disponent owners redelivered the vessel in terms of the head-charter twenty days before the […]

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]]> 309. Andrew Weir & Co v Dobell & Co (The “Kensington”) [1916] 1 K.B. 722 https://charterpartycases.com/case/309-andrew-weir-co-v-dobell-co-the-%e2%80%9ckensington%e2%80%9d-1916-1-k-b-722 Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/309-andrew-weir-co-v-dobell-co-the-%e2%80%9ckensington%e2%80%9d-1916-1-k-b-722 Measure of damages – held to be the difference between head-charter rate and sub-charter rate. The facts The vessel was chartered to load sodium nitrate (Chilean saltpeter) at Pisagua. Freight was agreed at a rate per volume of cargo. Head charterers sub-chartered the vessel for the same cargo at a higher rate. The vessel was […]

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]]> 308. Milan Nigeria Limited v Angeliki B Maritime Company (The “Angeliki B”) 2011 EWHC 892 (Comm) https://charterpartycases.com/case/308-milan-nigeria-limited-v-angeliki-b-maritime-company-the-%e2%80%9cangeliki-b%e2%80%9d-2011-ewhc-892-comm Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/308-milan-nigeria-limited-v-angeliki-b-maritime-company-the-%e2%80%9cangeliki-b%e2%80%9d-2011-ewhc-892-comm Hague rules – carrier has burden to prove exceptions. The facts Bagged rice was carried from Bangkok to Lagos and Port Harcourt. Upon outturn claims were made for short delivery and water damage to the cargo. The cargo was carried under bills of lading incorporating the Hague Rules and charterparty provisions providing for English Law […]

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]]> 307. Anglo-Danubian Transport Co Ltd v Ministry of Food (The “Shelley”) [1949] 2 A E R 1068 https://charterpartycases.com/case/307-anglo-danubian-transport-co-ltd-v-ministry-of-food-the-%e2%80%9cshelley%e2%80%9d-1949-2-a-e-r-1068 Wed, 03 Aug 2011 07:12:14 +0000 http://charterpartycases.com/case/307-anglo-danubian-transport-co-ltd-v-ministry-of-food-the-%e2%80%9cshelley%e2%80%9d-1949-2-a-e-r-1068 Port charter – charterers bound by nomination of berth. The facts The vessel was chartered to deliver a cargo of potatoes from Rotterdam to a range of ports including London and there deliver it to a usual safe berth, as customary. En route the charterers changed the nomination which had the effect that a lower […]

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