Difference between revisions of "Admiralty"

Revision as of 20:06, 21 June 2011

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): [[1]]

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:[[2]]

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/11/15

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:[[3]]

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/10/18

Hong Kong

The “Hua Tian Long”[[4]]

Hong Kong SAR Court of First Instance: Stone J in Chambers: HCAJ No. 59/2008: 23 April 2010

http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCAJ000059_2008-70707.html

BREACH OF CONTRACT: DEFENDANT SHIPOWNER’S FAILURE TO PROVIDE VESSEL: CHINESE GOVERNMENT DEPARTMENT AS SHIPOWNER: CLAIM FOR SOVEREIGN IMMUNITY AND CROWN IMMUNITY: WAIVER AND SUBMISSION TO JURISDICTION

DMC/SandT/10/06

The “Catur Samudra” [[5]]

Singapore High Court: Judgment delivered by Steven Chong JC, 15 January 2010: [2010] SGHC 18

ADMIRALTY JURISDICTION : WHETHER CLAIM UNDER GUARANTEE IS A CLAIM “ARISING OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT

DMC/SandT/10/04

Northrop Grumman Ship Systems, Inc v The Owners and/or Demise Charterers of the Ship or Vessel “Asian Atlas” ; [6]

Hong Kong SAR Court of Appeal: Ma CJHC, Stone and Reyes JJ: CACV No. 257 of 2007: 23 April 2008 ([2008] 3 HKLRD 604

[7]

ACTION IN REM UNDER HK HIGH COURT ORDINANCE, S.12A(2)(e): WARRANT OF ARREST: FOR “ANY CLAIM FOR DAMAGE DONE BY A SHIP”: SETTING ASIDE: MATERIAL NON-DISCLOSURE OF FACTS RELATING TO JURISDICTION