Difference between revisions of "Time C/P Disputes"
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+ | DMC/SandT/10/23 | ||
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+ | '''England''' | ||
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+ | '''ENE 1 Kos Limited v Petroleo Brasileiro SA'''[[http://www.onlinedmc.co.uk/index.php/ENE_1_Kos_Limited_v_Petrobas]] | ||
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+ | '''English Court of Appeal (Civil): Longmore and Smith LJJ and Sir Mark Waller: [2010] EWCA Civ 772: 6 July 2010''' | ||
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+ | '''TIME CHARTERPARTY: SHIP WITHDRAWN FOR NON-PAYMENT OF HIRE WHILST LOADING CARGO: CARGO DISCHARGED BACK TO SHORE TWO DAYS LATER: WHETHER SHIPOWNER COULD CLAIM REMUNERATION AT MARKET RATE FOR STORING THE CARGO DURING THAT PERIOD: WHETHER REMUNERATION DUE UNDER IMPLIED TERM OR AS QUANTUM MERUIT: WHETHER DUE AS RIGHT CORRELATIVE TO DUTY OF LOOKING AFTER GOODS: WHETHER SHIPOWNER COULD RECOVER COSTS OF PROVIDING BAIL BOND''' | ||
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DMC/SandT/10/21 | DMC/SandT/10/21 | ||
Revision as of 20:01, 24 September 2010
DMC/SandT/10/23
England
ENE 1 Kos Limited v Petroleo Brasileiro SA[[1]]
English Court of Appeal (Civil): Longmore and Smith LJJ and Sir Mark Waller: [2010] EWCA Civ 772: 6 July 2010
TIME CHARTERPARTY: SHIP WITHDRAWN FOR NON-PAYMENT OF HIRE WHILST LOADING CARGO: CARGO DISCHARGED BACK TO SHORE TWO DAYS LATER: WHETHER SHIPOWNER COULD CLAIM REMUNERATION AT MARKET RATE FOR STORING THE CARGO DURING THAT PERIOD: WHETHER REMUNERATION DUE UNDER IMPLIED TERM OR AS QUANTUM MERUIT: WHETHER DUE AS RIGHT CORRELATIVE TO DUTY OF LOOKING AFTER GOODS: WHETHER SHIPOWNER COULD RECOVER COSTS OF PROVIDING BAIL BOND
DMC/SandT/10/21
England
Cosco Bulk Carrier Co Ltd v Team-Up Owning Co Ltd – The “Saldanha”[[2]]
English High Court: Gross J.: 11 June 2010 [2010] EWHC 1340 (Comm)
NYPE FORM CHARTERPARTY: PIRACY: WHETHER SHIP OFF-HIRE DURING DETENTION BY PIRATES: AVERAGE ACCIDENTS TO SHIP OR CARGO: DEFAULT OR DEFICIENCY OF MEN: ANY OTHER CAUSE PREVENTING THE FULL WORKING OF THE VESSEL
DMC/SandT/10/20
England
Glory Wealth Shipping Pte Ltd v North China Shipping Limited (M/V “North Prince”)[[3]]
Queen’s Bench Division (Commercial Court): David Steel J: [2010] EWHC 1692 (Comm): 8 July 2010
TIME CHARTERPARTY: WRONGFUL EARLY REDELIVERY OF VESSEL BY SUB-CHARTERER: DAMAGES AS DIFFERENCE BETWEEN MARKET RATE OF HIRE AND CONTRACT RATE OF HIRE: DISPONENT SHIPOWNER’S EARLY REDELIVERY OF VESSEL UNDER HEAD CHARTER IRRELEVANT UNLESS CAUSED BY SUB-CHARTERER’S REPUDIATION
DMC/SandT/10/19
English High Court
Omak Maritime Ltd v Mamola Challenger Shipping Co[[4]]
Queen’s Bench Division (Commercial Court): Teare J: [2010] EWHC 2026 (Comm): 4 August 2010
TIME CHARTERPARTY: BREACH OF CONTRACT BY CHARTERER: MARKET RATE OF HIRE HIGHER THAN CONTRACT RATE OF HIRE: SHIPOWNER’S CLAIM FOR WASTED EXPENDITURE: RELATION WITH PRINCIPLE IN ROBINSON V HARMAN
DMC/SandT/10/14
English High Court
Sylvia Shipping Co Limited v Progress Bulk Carriers Limited [[5]]
[2010] EWHC 542 (Comm): English High Court of Justice - Commercial Court; Hamblen J.; 18 March 2010
ARBITRATION APPEAL: TIMECHARTERPARTY: MEASURE OF DAMAGES FOR OWNERS’ BREACH: WHETHER OWNERS LIABLE FOR TIMECHARTERERS’ LOSS OF PROFIT ON CANCELLED SUB-CHARTER