Difference between revisions of "Time C/P Disputes"

Revision as of 18:21, 8 March 2011

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:[[1]]

TIME CHARTERPARTY: WRONGFUL EARLY TERMINATION BY CHARTERERS: DAMAGES: WHETHER HIRE EARNED BY SHIPWOENRS IN SUBSTITUTE FIXTURE WHICH EXTENDED BEYOND REMAINDER OF ORIGINAL CHARTER RELEVANT TO ASSESSMENT

DMC/SandT/10/24

England

Zodiac Maritime Agencies Limited v Fortescue Metals Group Limited

Queen’s Bench Division (Commercial Court): David Steel J: [2010] EWHC 903 (Comm): 28 April 2010[[2]]

CONSECUTIVE VOYAGE CHARTERPARTY: WRONGFUL EARLY TERMINATION BY CHARTERER: DAMAGES: WHETHER “AVAILABLE MARKET” WHEN CHARTERPARTY TERMINATED: WHETHER SUBSEQUENT EMERGENCE OF MARKET DURING THE BALANCE OF CHARTER PERIOD RELEVANT TO THE ASSESSMENT OF DAMAGES

DMC/SandT/10/23

England

ENE 1 Kos Limited v Petroleo Brasileiro SA[[3]]

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TIME CHARTERPARTY: SHIP WITHDRAWN FOR NON-PAYMENT OF HIRE WHILST LOADING CARGO: CARGO DISCHARGED BACK TO SHORE TWO DAYS LATER: WHETHER SHIPOWNER COULD CLAIM REMUNERATION AT MARKET RATE FOR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”[[4]]

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”)[[5]]

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[[6]]

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 [[7]]

[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