Recent Case Law - Shipping


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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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