The Aegean Sea was lost at sea causing very extensive damage through the escape of its cargo of crude oil. AST asserted as a preliminary issue, that RP had become liable for that damage. RP’s wholly owned subsidiary ROIL was the charterer, argued that it was entitled to the limitation on claims provided by the … Continue reading Aegean Sea Traders Corp v Repsol Petroleo SA (‘The Aegean Sea’): AdCt 1998
The court was asked two questions: ‘ An FOB buyer of goods, who has sold on CIF terms and chartered a vessel, loses its on sale during the course of the voyage, and finds a new buyer at a different discharge port. It therefore needs the existing bills of lading to be replaced with new … Continue reading Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd: ComC 25 Jul 2018
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The claimants sought to have incorporated by notice into a contract of bill of lading, the terms of a freight surcharge. Notice had been given to the shipping agents in Hong Kong only. The shippers claimed the surcharge under the 1992 Act, saying the defendants inherited the notice from their shipping agents. The first court … Continue reading TICC Limited v Cosco (UK) Limited: CA 5 Dec 2001
The holder of a bill of lading became liable upon completing any one of some initial steps, and retained that liability unless he actually took delivery. He remained liable until the bill was endorsed to somebody else who in turn fulfilled such a condition Citations: Times 14-Sep-1998, [1998] 4 All ER 821, [1998] EWCA Civ … Continue reading Borealis Ab v Stargas Ltd and Others: CA 30 Jul 1998
Claim for misdelivery and or conversion of goods whilst under shipment. Judges: Teare J Citations: [2013] EWHC 808 (Comm) Links: Bailii Statutes: Carriage of Goods By Sea Act 1992 Transport, Torts – Other Updated: 17 November 2022; Ref: scu.472694
Claims following explosion on ship – dangerous cargo. Judges: Aikens J Citations: [2005] EWHC 2399 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67, Carriage of Goods by Sea Act 1992 2(1)(a) Transport Updated: 04 July 2022; Ref: scu.234542
This case raises three questions of law concerning claims made by the lawful holder of bills of lading to whom and in whom rights of suit under the contract of carriage contained in or evidenced by the bills of lading have been transferred and vested as if he had been a party to that contract, … Continue reading Sevylor Shipping and Trading Corp v Altfadul Company for Foods, Fruits and Livestock and Another: ComC 23 Mar 2018
The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a demand. An assertion of a formal right was required. A … Continue reading Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others: HL 27 Mar 2001
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party. Held: The shippers as the bank’s principals couldn’t be the holders of the bills endorsed to the banks, and the rights of suit … Continue reading P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation: CA 12 Feb 2003
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
The fob contract has become a flexible instrument and it does not necessarily follow that the buyer is an original party to the contract of carriage. The effect of article III, r. 2 of the Hague-Visby Rules was not to override freedom of contract to reallocate responsibility for the functions described in that rule: ‘The … Continue reading Pyrene Co Ltd v Scindia Navigation Co Ltd: QBD 1954
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
Munitions were being carried to Cochin on board the defendants’ vessel. Some was jettisoned in a fire and the remainder was damaged. The cargo owners sought damages in India for short delivery under the bills of lading, as to the jettisoned cargo . .
