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DMC/SandT/23/05
'''England'''
'''Trafigura Pte Ltd v TKK Shipping Pte Ltd (The “Thorco Lineage”)'''
'''English Commercial Court: Sir Nigel Teare: [2023] EWHC 26 (Comm): 12 January 2023:[[https://www.onlinedmc.co.uk/index.php/Trafigura_v_TKK_Shipping_-_The_Thorco_Lineage]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/26.html
'''BILL OF LADING: VESSEL GROUNDED DUE TO LOSS OF POWER LEADING TO SALVAGE OF VESSEL AND CARGO: SALVORS EXERCISED A MARITIME LIEN ON CARGO: CARGO INTERESTS OBLIGED TO PUT UP SECURITY TO OBTAIN CARGO: CARGO INTERESTS ALSO INCURRED EXPENSE TO ON-SHIP CARGO TO INTENDED PORT OF DISCHARGE: WHETHER ARTICLE IV(5)(A) OF THE HAGUE-VISBY RULES REGARDING FINANCIAL LIMITS OF LIABILITY OF CONTRACTUAL CARRIERS BASED UPON THE WEIGHT OF THE “GOODS LOST OR DAMAGED” INCLUDED ALSO GOODS THAT WERE ECONOMICALLY DAMAGED, NOT JUST THOSE PHYSICALLY LOST OR DAMAGED BY THE CASUALTY: DETERMINATION OF A POINT OF LAW UNDER SECTION 45 OF THE ARBITRATION ACT 1996'''
DMC/SandT/23/04
