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Caspian Basin Specialised Emergency Salvage Administration and Another v Bouygues Offshore Sa and Others; Ultisol et Cetera v Same (4): AdCt 3 Jul 1997

Liability under a claim can be limited by the court under the Act even before liability has itself been decided. Shipping – declaration limiting liability – prior to admission of liability -permissible – article 2.1 – scope – misrepresentation – monetary claims – declaration of limitation – no admission of liability – stay – prejudice … Continue reading Caspian Basin Specialised Emergency Salvage Administration and Another v Bouygues Offshore Sa and Others; Ultisol et Cetera v Same (4): AdCt 3 Jul 1997

Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018

The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment covered the entire carriage. Such beans were commonly carried in either ventilated or unventilated containers. Unventilated containers were specified … Continue reading Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018

Aktieselskabet de Danske Sukkerfabrikker v Bajamar Compania Naviera SA (The “TORENIA”): 1983

D’s vessel was chartered to carry a cargo of Cuban sugar in bulk. She loaded some 10000 tonnes at Guayabal. Two bills of lading were issued to the shippers. On April 4th 1979 the vessel set sail for Denmark. On April 13th she encountered heavy weather and on April 14th she started to list to … Continue reading Aktieselskabet de Danske Sukkerfabrikker v Bajamar Compania Naviera SA (The “TORENIA”): 1983

Tekem Sea Abyss Ltd v Brandston Ltd; ‘The Ocean Enterprise’: AdCt 9 Jan 1997

ComC Shipping – registration of ships – – no statutory power to expunge the register – inherent – sale of ship to company in which seller held interest – fiduciary duty – breach – voidable contract – classification as ‘goods’ – Sale of Goods Act 1979 – goods – passing of voidable title – good … Continue reading Tekem Sea Abyss Ltd v Brandston Ltd; ‘The Ocean Enterprise’: AdCt 9 Jan 1997

G Percy Trentham Ltd v Archital Luxfer Ltd: CA 1993

The court discussed how it should approach the task of establishing whether a contract had been made. Performance can be a critical factor in demonstrating that the parties intended to create legal relations.Steyn LJ said: ‘Before I turn to the facts it is important to consider briefly the approach to be adopted to the issue … Continue reading G Percy Trentham Ltd v Archital Luxfer Ltd: CA 1993