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Recent Cases

Thu, 12/8/2010

It is often said that a defendant "is not liable for not doing that which he is not bound to do.” So if the defendant is not bound to confer a benefit on you, you cannot get damages for the value of that benefit even if he would in fact in all probability have conferred it upon you. But how... Read more »

Mon, 26/7/2010

The Court of Appeal has recently handed down its judgment on the Charterers' appeal against the decision of Andrew Smith J in this dispute. The case raises two novel points arising out of the early withdrawal of a time chartered vessel for the non payment of hire. At the time of the withdrawal the... Read more »

Wed, 30/6/2010

In an important ruling for the maritime industry Mr Justice Gross has upheld the unanimous decision of an eminent arbitration tribunal that a vessel chartered on the New York Produce form which was seized by pirates remained on hire whilst under the control of the pirates. The Judge held as follows... Read more »

Thu, 24/6/2010

On 16 June 2010, the High Court (Teare J) handed down judgment in favour of shipowners, Emeraldian Limited Partnership who claimed demurrage against charterers, Wellmix Shipping Co Ltd and their guarantors, Guangzhou Iron & Steel Corp Ltd. The delay to the VINE followed two earlier incidents... Read more »

Thu, 27/5/2010

Subject: Contracts Other related subjects: Banking and finance Keywords: Bonds; Contract terms; Guarantees; Instalments; Interpretation; Shipbuilding Summary: The words "all such sums due to you under the contract" in a bond were to be construed as limiting the extent of the guarantee provided by... Read more »

Tue, 18/5/2010

[2010] EWHC 1086 (Ch).  Case No HC09C03502. Chancery Division: The Hon Mr Justice Sales J. Arbitration-stay of proceedings--- S9 Arbitration Act 1996 --- CPR Rule 11-step in the proceedings. One of the Defendants applied for a stay of English High Court Proceedings pursuant to S 9 Arbitration... Read more »

Wed, 28/4/2010

Subject: Shipping Other related subjects: Damages Keywords: Available market; Measure of damages; Repudiation; Shipping; Time charterparties Summary: The court found that a charterer, having repudiated a five-year consecutive-voyage charterparty for the carriage of iron ore from Australia to China... Read more »

Tue, 9/3/2010

The Grand Chamber of the European Court of Human Rights declared inadmissible the case of Demopoulos v. Turkey and seven other test cases raising a similar issue . The applicants in these cases were Greek Cypriots who complained in particular that they had been deprived of the enjoyment of their... Read more »

Tue, 17/11/2009

In this case owners claimed demurrage from charterers.  The issue was whether time counted during “super-holidays” at the discharge port.  The recap provided "25,000 mt SHINC".  The recap incorporated the terms of a pro-forma charterparty, clause 63 of which... Read more »

Mon, 19/10/2009

In two judgments delivered together on 19th November, the Commercial Court has made significant findings against the Senegalese subsidiary of the Axa group. The decisions strengthen the hand of shipowners seeking to counter what they regarded as an abusive practice in some West African ports of... Read more »