Shipping & Transport 2011
DMC/SandT/11/28
England
Rainy Sky SA v Kookmin Bank
UK Supreme Court: Lord Phillips, Lord Mance, Lord Kerr, Lord Clarke and Lord Wilson: [2011] UKSC 50: 2 November 2011[[1]]
SHIPBUILDING: LETTER OF GUARANTEE: CONTRACTUAL INTERPRETATION BEING A UNITARY PROCESS: ROLE OF COMMERCIAL CONSIDERATIONS: WEIGHT TO BE GIVEN TO VIEW OF COMMERCIAL JUDGE
DMC/SandT/11/27
Singapore
The Sahand
Singapore High Court : Quentin Loh J : [2011] SGHC 27:[[2]]
ARRESTS OF VESSELS IN SINGAPORE OWNED BY IRANIAN COMPANIES: ASSETS FREEZE IMPOSED BY UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1737, 1747, 1803 AND 1929: WHETHER SECURITY COUNCIL RESOLUTIONS REQUIRE IMPOUNDMENT OR DETENTION OF VESSELS OWNED OR CONTROLLED BY DESIGNATED PERSONS OR ENTITIES OR THEIR SUBSIDIARIES: EFFECT OF ASSETS FREEZE ON ARREST OF SHIPS PURSUANT TO ADMIRALTY JURISDICTION OF COURT
DMC/SandT/11/26
England
National Shipping Company of Saudi Arabia v BP Oil Supply Company
English Court of Appeal: Ward and Tomlinson LJJ and Sir Mark Potter: 12 October 2011: [2011] EWCA Civ 1127:[[3]]
VOYAGE CHARTERPARTY: BPVOY4: DEMURRAGE CLAIMS TO BE PRESENTED WITH FULL DOCUMENTATION WITHIN 90 DAYS OF COMPLETION OF DISCHARGE: FINAL SETTLEMENT OF CLAIM: WHETHER MIS-DESCRIBED FURTHER DEMURRAGE CLAIM TIME-BARRED: COST OF BUNKERS CONSUMED FOR RE-BERTHING
DMC/11/25
England
Conarken Group Limited and Farrell Transport Limited v. Network Rail Infrastructure Limited
English Court of Appeal; Pill, Moore-Bick, and Jackson LJJ; [2011] EWCA Civ 644, 27 May 2011:[[4]]
TORT: DAMAGES: SUMS PAYABLE UNDER VICTIM’S CONTRACTS WITH THIRD PARTIES: FORESEEABILITY AND REMOTENESS: REASONABLENESS OF CALCULATIONS
DMC/SandT/11/24
England
Glory Wealth Shipping Pte Limited v Korea Line Corporation
English High Court: Queen’s Bench Division (Commercial Court): Blair J: [2011] EWHC 1819 (Comm): 22 June 2011:[[5]]
TIME CHARTERPARTY: WRONGFUL TERMINATION BY CHARTERERS: ASSESSMENT OF DAMAGES: NO AVAILABLE MARKET FOR BALANCE OF CHARTER PERIOD AT TIME OF TERMINATION: EFFECT OF REVIVAL OF MARKET AT A LATER STAGE
DMC/SandT/11/23
Hong Kong
Birnam Ltd v The Owners of the Ship or Vessel “Hong Ming”, The “Hong Ming”
Hong Kong Court of First Instance: Reyes J: HCAJ No.105 of 2011: 26 August 2011:["Hong_Ming"]
WARRANT OF ARREST: SETTING ASIDE: CLAIM FOR OWNERSHIP OF VESSEL PURSUANT TO A TERMINATED CONTRACT FOR SALE OF VESSEL: MATERIAL NON-DISCLOSURE: MISUSE OF THE ARREST PROCESS
DMC/SandT/11/22
England
Suek AG v Glencore International AG
Queen’s Bench Division (Commercial Court): Burton J: [2011] EWHC 1361 (Comm): 27 May 2011:[[6]]
CARRIAGE OF GOODS: CIF CONTRACT: CONSTRUCTION: ENTITLEMENT TO GIVE NOTICE OF READINESS: CONCURRENT CAUSES LEADING TO DELAY IN BERTHING: COMMENCEMENT OF LAYTIME
DMC/SandT/11/21
England
Carboex SA v Louis Dreyfus Commodities Suisse SA
English High Court: Queen's Bench Division (Commercial Court): Field J.: [2011] EWHC 1165 (Comm: 12 May 2011: [[7]]
AMWELSH CHARTERPARTY: DEMURRAGE: EXCEPTION OF STRIKES: WHETHER DELAY IN DISCHARGE ARISING FROM CONGESTION CAUSED BY STRIKES EXCEPTED FROM LAYTIME
DMC/SandT/11/20
England
Great Eastern Shipping Co Ltd v. (1) Far East Chartering Ltd (2) Binani Cement Ltd
English High Court, Queen’s Bench Division: Judge Mackie QC: [2011] EWHC 1372 (Comm): 27 May 2011:[[8]]
WHETHER SHIPOWNER ENTITLED TO ENFORCE LETTER OF INDEMNITY GIVEN BY RECEIVER TO CHARTERER FOR DELIVERY OF CARGO WITHOUT PRESENTATION OF BILLS OF LADING: CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999: WHETHER LETTER GIVEN TO CHARTERER: WHETHER CARGO “DELIVERED”: WHETHER LETTER OF INDEMNITY UNENFORCEABLE ON GROUNDS OF PUBLIC POLICY: WHETHER OWNERS ENTITLED TO RECOVER UNDER A UNILATERAL CONTRACT
DMC/SandT/11/19
The Netherlands
Pianura Armatori SpA v Ferrari Shipping Agency G.A. The "Halcyon Star”
Court of Rotterdam (summary proceedings) : Mr A.F.L. Geerdes, LJN:BQ5031, October 7, 2010 (published May 19, 2011): [[9]]
ARREST CONVENTION 1952 ART. 3(4) SECOND PARAGRAPH: ARREST OF VESSEL OWNED BY A VESSEL MANAGER FOR MARITIME CLAIMS AGAINST THE VESSEL MANAGER RELATING TO OTHER VESSELS NOT OWNED BY THE MANAGER
DMC/SandT/11/18
England
The Owner of the Vessel “The Ocean Crown” and others v Five Oceans Salvage Consultants Ltd, “The Ocean Crown”
English High Court: Queen’s Bench Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[10]]
SALVAGE: ASSESSMENT OF REMUNERATION: WHETHER RISK OF FUTURE ECONOMIC DOWNTURN SHOULD BE CONSIDERED IN APPLYING PRINCIPLE OF ENCOURAGEMENT: SCOPE OF THE PRINCIPLE IN THE AMERIQUE
DMC/SandT/11/17
The Netherlands
HDI-Gerling Industrie Versicherung AG et al v APM Terminals Rotterdam B.V. The ‘Pretoria’
Court of Rotterdam: Ms P.A.M van Schouwenburg –Laan, LJN:BO0063, September 29, 2010:[[11]]
STEVEDORE DAMAGE TO VESSEL DURING LOADING: WHETHER STEVEDORES LIABLE FOR THE DAMAGE CAUSED UNDER DUTCH LAW: BURDEN OF PROOF
DMC/SandT/11/16
United Kingdom Supreme Court
Jones v. Kaney
UK Supreme Court; Lords Philips, Hope, Brown, Collins, Kerr, Dyson, Lady Hale; [2011] UKSC 13; 30 March 2011:[[12]]
REMOVAL OF EXPERT WITNESS IMMUNITY IN CIVIL PROCEEDINGS
DMC/SandT/11/15
Canada
Société Telus Communications, Hydro-Québec and Bell Canada v Peracomo Inc., Réal Vallée and the fishing vessel Realice
Federal Court of Canada: Harrington J.: 2011 FC 494: 27 April 2011:[[13]]
SHIPPING: SUBMARINE CABLE CUT BY SKIPPER OF FISHING VESSEL: WHETHER DAMAGE CAUSED INTENTIONALLY OR RECKLESSLY AND WITH KNOWLEDGE THAT 'SUCH LOSS' WOULD PROBABLY RESULT: WHETHER DEFENDANTS ENTITLED TO LIMIT LIABILITY UNDER THE 1976 LIMITATION CONVENTION, AS INCORPORATED INTO CANADIAN LAW
DMC/SandT/11/14
The Netherlands
DSV Road B.V. and Amlin Corporate Insurance N.V. v Sneltransport “Heidenend” Tegelen B.V.
Amsterdam Court of Appeal: A.S. Arnold, W.H.F.M. Cortenraad and H.M. ten Haaft, LJN BL9955, April 2, 2010: [[14]]
CARRIAGE OF GOODS BY ROAD: CMR CONVENTION: WHETHER SHIPPER-PACKED TRAILER CAN BE CONSIDERED ‘GOODS’ WITHIN ART.17.2
DMC/SandT/11/13
England
Shell Egypt West Manzala GmbH and another v Dana Gas Egypt Limited Queen’s Bench Division (Commercial Court): Tomlinson J: [2010] EWHC 465 (Comm): 10 March 2010:[[15]]
CONTRACT: JOINT VENTURE FOR GAS EXPLORATION: REPUDIATORY BREACH COMMITTED BY ONE PARTY: INNOCENT PARTY TERMINATED CONTRACT BASED ON WRONG BELIEF THAT CONTRACTUAL TERMINATION CLAUSE WAS TRIGGERED: WHETHER INNOCENT PARTY COULD JUSTIFY TERMINATION OF CONTRACT
DMC/SandT/11/12
England
Choil Trading SA v Sahara Energy Resources Limited (The “Prem Mala”) English Commercial Court: Christopher Clarke J: [2010] EWHC 374 (Comm): 26 February 2010: [[16]]
SALE OF GOODS CARRIED BY SEA: FOB SALE CONTRACT: CIF ON-SALE CONTRACTS: QUANTIFICATION OF DAMAGES FOR DELIVERY OF CONTAMINATED GOODS IN BREACH OF FOB CONTRACT: RECOVERABILITY OF HEDGING LOSSES INCURRED IN MITIGATION IN RELATION TO CIF CONTRACTS: WHETHER TRUE CONSTRUCTION OF FOB CONTRACT EXEMPTION CLAUSE EXCLUDED RECOVERY OF HEDGING AND ADDITIONAL EXPENSES/COSTS INCURRED AS A RESULT OF BREACH OF CONTRACT
DMC/SandT/11/11
English High Court
Azimut–Benetti SpA v. Healey
English High Court: Blair J.: [2010] EWHC 2234 (Comm): 3 September 2010: [[17]]
SHIPBUILDING CONTRACT: LIQUIDATED DAMAGES: GUARANTEE: WHETHER LIQUIDATED DAMAGES CONSTITUTE A PENALTY: WHETHER A PRE-ESTIMATE OF LOSS IN THE CASE OF BREACH: WHETHER A DETERRENT: WHETHER GUARANTEE REMAINS ENFORCEABLE WHERE A PROVISION IN THE UNDERLYING CONTRACT CONSTITUTES A PENALTY: PUBLIC POLICY
DMC/SandT/11/10
United Kingdom
Oceanbulk Shipping & Trading SA v TMT Asia Ltd & ORs
United Kingdom Supreme Court: Lord Phillips, Lord Rodger, Lord Walker, Lord Brown, Lord Mance, Lord Clarke, Sir John Dyson): [2010] UKSC 44: 27 October 2010: [[18]]
CONTRACTS: SETTLEMENT AGREEMENT: INTERPRETATION: ‘WITHOUT PREJUDICE’ COMMUNICATIONS: WHETHER FACTS DISCLOSED DURING ‘WITHOUT PREJUDICE’ NEGOTIATIONS ADMISSIBLE AS AN AID TO CONSTRUCTION OF SETTLEMENT AGREEMENT
DMC/SandT/11/09
English Court of Appeal
Thomas Crema v. Cenkos Securities PLC
English Court of Appeal (Civil Division); Hughes LJ, Aikens LJ, Chancellor Morritt; [2010] EWCA Civ 1444, 16 December 2010: [[19]]
CONTRACT PARTLY WRITTEN AND PARTLY ORAL: WHETHER TERM SHOULD BE IMPLIED: RELEVANT PRINCIPLES: RELEVANCE OF MARKET PRACTICE: EXPERT EVIDENCE: LIMITATIONS OF EXPERT EVIDENCE
DMC/SandT/11/08
English Court of Appeal
Kookmin Bank v Rainy SA and others
English Court of Appeal: Thorpe and Patten LJJ and Sir Simon Tuckey: [2010] EWCA Civ 582, [2010] 1 CLC 829: 27 May 2010:[[20]]
SHIPBUILDING: LETTER OF GUARANTEE: CONTRACTUAL INTERPRETATION: EXTREME CONSEQUENCES REQUIRED TO DEPART FROM MEANING OF WORDS AS CONVEYED TO REASONABLE PERSON: NO DEPARTURE SIMPLY BECAUSE COURT WOULD REACH DIFFERENT BALANCE OF PARTIES’ INTERESTS AND OBLIGATIONS UNDER CONTRACT
DMC/SandT/11/07
English Court of Appeal
Brink’s Global Services Inc & Ors v. Igrox Ltd & Anor Court of Appeal: Longmore, Moore-Bick and Wilson LJJ.: [2010] EWCA Civ 1208: 27 October 2010: [[21]]
CARRIAGE OF GOODS: THEFT FROM CONTAINER BY EMPLOYEE OF FUMIGATION COMPANY: WHETHER COMPANY VICARIOUSLY LIABLE: CLOSE CONNECTION BETWEEN THEFT AND PURPOSE OF EMPLOYMENT
DMC/SandT/11/06
English Commercial Court
Dalwood Marine v Nordana Line A/S, The “Elbrus”; Queen’s Bench Division (Commercial Court): Teare J: [2009] EWHC 3394 (Comm), [2010] 2 All ER (Comm) 802: 21 December 2009:[[22]]
TIME CHARTERPARTY: WRONGFUL EARLY TERMINATION BY CHARTERERS: DAMAGES: WHETHER HIRE EARNED BY SHIPOWNERS IN SUBSTITUTE FIXTURE WHICH EXTENDED BEYOND REMAINDER OF ORIGINAL CHARTER RELEVANT TO ASSESSMENT
DMC/SandT/2011/05
English Commercial Court
Glencore Energy UK Limited v Transworld Oil Limited (The “Narmada Spirit”): English Commercial Court: Blair J: [2010] EWHC 141 (Comm): 3 February 2010: [[23]]
SALE OF GOODS CARRIED BY SEA: FOB CONTRACT: CORRECT QUANTIFICATION OF DAMAGES FOR NON-DELIVERY OF CRUDE OIL CARGO FOR WHICH THERE WAS NO AVAILABLE MARKET: NEED TO ACCOUNT IN DAMAGES FOR REDUCED LOSS SUFFERED FOLLOWING EARLY CLOSING OUT OF HEDGED POSITION OF BUYER FOLLOWING ACCEPTANCE OF SELLER’S REPUDIATION
DMC/SandT/11/04
English Court of Appeal
Röhlig (UK) Ltd v Rock Unique Ltd: Court of Appeal, Sedley, Moore-Bick and Aikens LJJ.: 20 January 2011: [2011] EWCA Civ 18:[[24]]
INTERNATIONAL CARRIAGE OF GOODS: BIFA CONDITIONS: WHETHER NO SET-OFF AND TIME BAR PROVISIONS REASONABLE UNDER UNFAIR CONTRACT TERMS ACT 1977
DMC/SandT/11/03
English Court of Appeal
KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The “Mercini Lady”): English Court of Appeal: Maurice Kay, Rix and Patten LJJ: [2010] EWCA Civ 1145: 19 October 2010: [[25]]
SALE OF GOODS CARRIED BY SEA: FOB ANTWERP SALE OF EU GASOIL WITH FREE DESTINATION: “SPECIAL” COMMON LAW IMPLIED TERM/CONDITION: STATUTORILY IMPLIED CONDITIONS: WHETHER CARGO TO REMAIN ON-SPECIFICATION FOR A REASONABLE TIME FOLLOWING SHIPMENT: EFFECT OF EXCLUSION CLAUSE ON IMPLIED CONDITIONS: SECTION 14(2) OF THE SALE OF GOODS ACT 1979
DMC/SandT/11/02
Singapore
Singapore Court of Appeal
The “Asia Star” [2010] SGCA 12: Judgment delivered by VK Rajah JA, 19 March 2010 [2010] SGCA 12[[26]]
Kelvin Chia Partnership for the Appellant Shipowners
Shook Lin & Bok LLP for the Respondent Charteres
BREACH OF CONTRACT TO CARRY CARGO: WHETHER PLAINTIFF ACTED REASONABLY IN MITIGATION OF LOSS: MEASURE OF DAMAGES FOR BREACH OF CONTRACT TO CARRY CARGO: REQUIREMENT TO NOTIFY THE DEFAULTING PARTY OF INTENDED MEASURES IN MITIGATION
DMC/SandT/11/01
Germany
German Federal Supreme Court – Assessment of Damages under the Convention on the Contract for the International Carriage of Goods by Road (‘CMR’): Date of Judgment: 30 September 2010[[27]]
CMR TRANSPORT: WILFUL MISCONDUCT: ASSESSMENT OF DAMAGES
