Recent Case Law - Shipping

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Minerva Navigation Inc v Oceana Shipping AG (The Athena) [2012] EWHC 3608 (Comm) (13 December 2012)

Shipping – Timecharter – NYPE Amended NYPE 1946 cl.15 – Whether the Vessel is off-hire for a particular period merely because the vessel is not efficient for the services then required during that period, or whether the charterers have to further show a net loss of time resulting thereby?

Greatship (India) Ltd v Oceanografia SA de CV [2012] EWHC 3468 (Comm) (05 December 2012)

Shipping – Timecharter – Supplytime 89, cl.10(e) – Voyage to Mombasa – Suspension of ship’s services for non-payment of hire in time – Whether the owners were entitle to temporarily withdraw the vessel without 5 days’ notice?

ED & F Man Sugar Ltd v Unicargo Transportgesellschaft mbH [2012] EWHC 2879 (Comm) 16 October 2012

Shipping – Voyage charter – Sugar Charter Party 1999 – The fire had destroyed the conveyor-belt system linking at the loading terminal – Vessel incurred substantial demurrage in loading port – Force-majeure clause – Whether the charteres entitled to rely upon any of the specific force-majeure events set out in Force-majeure clause – mechanical breakdown and government interference.

Breffka & Hehnke GmbH & Co KG & Ors v Navire Shipping Co Ltd & Ors [2012] EWHC 3124 (Comm) 15 October 2012

Shipping – Bill of Lading – Carriage of steel pipes – RETLA CLAUSE – Cargo partly damageg – Shippers realised that if the Bills of Lading were claused they would not be paid – Master issued clean bills of lading in exchange for the Letter of Indemnity – Whether such B/L constitute fraudulent misrepresentation.

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