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Transport - From: 2003 To: 2003

This page lists 53 cases, and was prepared on 02 April 2018.

 
re "The DAVID AGMASHENEBELI" [2003] 1 Lloyd's Rep 92
2003

Colman J
Transport
Tt is the shipper or his agent who is delivering the cargo and so it is the shipper who has actual or imputed knowledge as to its condition. The shipper will or ought to know whether there is any discrepancy between the description of the cargo in the sale documents or supplier's note and the cargo which is actually to be loaded on board the ship. If the Master is under an obligation to the shipper under Article III(3) of the Hague Visby Rules, the Master must issue a bill of lading indicating the apparent order and condition of the cargo loaded on board. Therefore, before the Master can issue bills of lading that comply with the Hague Visby Rules obligation, he has to take a reasonable, non – expert view of the cargo that is about to be loaded, as he sees it. He must decide whether the "apparent order and condition" of the cargo to be loaded is accurately described in the bills of lading and, if the expression "apparent good order and condition" is used in the bill of lading, whether the apparent order and condition of the cargo is "good", ie. "proper".
1 Citers


 
Nippon Yusen Kubishiki Kaisha v Golden Strait Corporation [2003] EWHC 16 (Comm)
17 Jan 2003
ComC
The Honourable Mr Justice Morison
Transport
The parties entered into a charterparty. The court was now asked how that might be determined under its terms.
1 Citers

[ Bailii ]
 
Roe v Sheffield City Council and others Times, 24 January 2003; [2003] EWCA Civ 1; [2004] QB 653; [2003] BLGR 389; [2003] 2 WLR 848
17 Jan 2003
CA
Pill, Sedley, Hale LJJ
Transport, Local Government, Personal Injury
The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating the effects of the 1870 Act. Held: The 1988 Act did not provide a full statement of the defendant's liability so as to exclude their liability under the 1980 Act. The standard of maintenance was defined by reference to safety. A small difference may be safe, but the rail stood sufficiently proud of the roadway to lift the tyre from the roadway and break its grip. The 1988 Act shifted responsibility to the tramway operator within the initial 12 months of operation.
Tramways Act 1870 25 28 - South Yorkshire Light Rail Transit Act 1988 - Highways Act 1980 41
1 Cites

1 Citers

[ Bailii ]
 
Triton Navigation Ltd v Vitol S A [2003] EWHC 46 (Comm)
23 Jan 2003
ComC

Transport, Contract

[ Bailii ]
 
Sunport Shipping Limited, Prometheus Maritime Corporation, Celestial Maritime Corporation, Surzur Overseas Limited v Tryg-Baltica International (Uk) Ltd (Formerly Know As Colonia Baltica Insurance Ltd) and others Times, 03 February 2003; [2003] EWCA Civ 12; Gazette, 20 March 2003; [2003] 1 All ER (Comm) 586; [2003] 1 LLR 138; [2003] Lloyds Rep IR 349
24 Jan 2003
CA
Mr Justice Scott Baker, Lord Justice Clarke, Lord Justice Peter Gibson
Insurance, Transport, Contract
The insurance policy incorporated standard provisions which excluded cover for 'loss damage arising from detainment by reason of infringement of any customs or trading regulations.' The ship was detained and the insurers refused payment. Held: The term 'customs regulations', in a marine insurance law, had to be construed widely enough to include rules allowing the detention of a ship for contravention of controlled drugs and other prohibited goods laws.
Clarke LJ described the Hooley Hill Rubber principle as: "essentially a principle of construction. Thus the court is trying to ascertain the intention of the parties in using the expression deployed in the contract. Where a contract has been professionally drawn, as in the case of the Institute Clauses, the draftsman is certain to have in mind decisions of the courts on earlier editions of the clause. Such decisions are part of the context or background circumstances against which the particular contract falls to be construed. If the draftsman chooses to adopt the same words as previously construed by the courts, it seems to me to be likely that, other things being equal, he intends that the words should continue to have the same meaning."
1 Cites

1 Citers

[ Bailii ]
 
Dampskibsselskabet 'Norden' A/S v Andre and Cie S A [2003] EWHC 84 (Comm); [2003] 1 Lloyd's Rep 287
30 Jan 2003
ComC
Toulson J
Damages, Transport
A forward freight swap agreement was treated as terminated because of the defendants' breach of solvency guarantees. The parties agreed that the injured party's loss was to be measured by the difference between the contract rate and the market rate after the date of termination. Held: Toulson J recorded this agreement, and observed that "The availability of a substitute market enables a market valuation to be made of what the innocent party has lost, and a line thereby to be drawn under the transaction".
1 Citers

[ Bailii ]
 
Crompton T/A David Crompton Haulage v Department of Transport North Western Area Times, 07 February 2003; [2003] EWCA Civ 64; Times, 07 February 2003
31 Jan 2003
CA
Lord Justice Kennedy, Lord Justice Mantell, Lord Justice Mance
Licensing, Transport, Human Rights
The claimant challenged the revocation of his operator's licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour. Held: The operator's licence is a possession within art 1 of the Convention. The Act did not define what was considered to be 'of good repute'. It was necessary to keep in proportion the loss of the licence, and the seriousness of the lost element of reputation. The tribunal had failed to keep that balance and the tribunal's order was revoked.
Goods Vehicles (Licensing of Operators) Act 1995 27(1) - European Convention on Human Rights
1 Citers

[ Bailii ]
 
R J Tilbury and Sons (Devon) Ltd t/A East Devon Shellfish v Alegrete Shipping Co Inc (Owners of the Ship 'Sea Empress'), Assurance Foreningen Skuld (Gjensidig) and the International Oil Pollution Compensation Fund 1971 Times, 27 February 2003; [2003] EWCA Civ 65; Gazette, 03 April 2003; [2003] 1 Lloyd's Rep 327; [2003] 1 CLC 325; [2003] 2 All ER (Comm) 1
7 Feb 2003
CA
Lord Justice Kennedy, Lord Justice Chadwick, Lord Justice Mance
Transport, Damages
The applicants had a business processing whelks. After the loss of the Sea Empress, an order was made prohibiting the sale of seafood from the area. They appealed a refusal of compensation for their losses. The respondents would be liable to make recompense if the loss could be said to be "damage caused by contamination resulting from the discharge or escape" of oil. Held: The liability imposed by the Act is limited to the area surrounding the accident. The claim for damage was too remote.
Merchant Shipping Act 1995 Sch4 153 - Hague Rules
1 Cites

1 Citers

[ Bailii ]
 
P and O Nedlloyd B vDampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation Times, 13 February 2003; [2003] QB 1509; [2003] EWCA Civ 83; [2003] 1 Lloyd's Rep 239; [2003] 1 CLC 797; [2003] 2 All ER 700; [2003] 3 WLR 916; [2003] 1 All ER (Comm) 524
12 Feb 2003
CA
Lord Justice Laws, Lord Justice Brooke, Lord Justice Mance
Transport, Agency, Banking
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 were transferred with them. Nevertheless, the bailment to the shipping line continued, and the shippers rights as bailor continued. The defendants were in breach of their duties as bailees.
Mance LJ said: "The duties of a bailee arise out of the voluntary assumption of possession of another's goods"
Carriage of Goods at Sea Act 1992 5(2)
1 Cites

1 Citers

[ Bailii ]
 
Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Company Jordan Inc and Another [2003] EWCA Civ 144; [2003] 2 Lloyd's Rep 87
13 Feb 2003
CA

Transport, Contract
The question was whether a carrier is liable to cargo owners when the latter, or their stevedores, perform their duties improperly or carelessly; whether an agreement which transfers responsibility for these operations from the shipowners to shippers, charterers or consignees, is invalidated by article III, r. 8 of the Rules. The charterparty purported to transfer responsibility for loading, stowage and discharge from the shipowners to shippers, charterers and consignees. It was questioned whether the assignment was valid under the Rules
Hague-Visby Rules A2
1 Citers

[ Bailii ]
 
Owners of the Ship 'Topaz' v Owners of the Ship 'Irapua' [2003] EWHC 320 (Admlty); [2003] EWHC 320 (Admlty)
6 Mar 2003
AdCt

Transport

[ Bailii ]
 
Jutha Rajprueck, Owners of the Cargo and others v Steamship Mutual Underwriting Association (Bermuda) Ltd Times, 19 March 2003; [2003] EWCA Civ 378
10 Mar 2003
CA
Lord Phillips of Worth Matravers MR, Sedley, Longmore LJJ
Transport
An undertaking to submit to a court 'of competent jurisdiction' given in consideration of a cargo not being arrested, by a protection and indemnity club , included a reference to the Admiralty Court. Under the Act. Under the Convention the phrase could not mean a court which was already seised of the matter, since jurisdiction was given by the arrest of the ship. The undertaking envisaged that jurisdiction would be established by the acceptance of service.
Brussels Convention 1952 7 - Supreme Court Act 1981 20 21
[ Bailii ]

 
 Homburg Houtimport BV v Agrosin Private Ltd (the 'Starsin'); HL 13-Mar-2003 - [2003] UKHL 12; Times, 17 March 2003; Gazette, 15 May 2003; [2003] 2 WLR 711; [2004] 1 AC 715; [2003] 1 CLC 921; 2003 AMC 913; [2003] 1 Lloyd's Rep 571; [2003] 1 All ER (Comm) 625; [2003] 2 All ER 785; [2003] 1 LLR 571
 
Tavoulareas v Tsavliris and others [2003] EWHC 550 (Comm)
21 Mar 2003
ComC
Tomlinson J
Contract, Transport

1 Citers

[ Bailii ]
 
Cma Cgm S A v Classica Shipping Company Ltd [2003] EWHC 641 (Comm)
27 Mar 2003
ComC

Contract, Transport

1 Cites

1 Citers

[ Bailii ]
 
Surrey County Council v Willia (T/A Garden Materials Landscaping) [2003] EWCA Civ 599
28 Mar 2003
CA

Transport

[ Bailii ]
 
Evergreen Marine Corp v Aldgate Warehouse (Wholesale) Ltd [2003] EWHC 667 (Comm)
28 Mar 2003
ComC

Transport, Contract
The claimant sought payment for freight charges and demurrage. Long standing arrangements meant that the defendant was not named as shipper. Held: The f.o.b. contract has become a flexible instrument and it does not necessarily follow that the buyer is an original party to the contract of carriage. Each of the contracts of carriage was made between Evergreen and the shipper named in the bill of lading. In the ordinary way Aldgate would have become a party to those contracts of carriage when the bills of lading were indorsed and delivered to it against payment of the price of the goods. However, the bills of lading in this case never were transferred to Aldgate and Aldgate did not become a party to them. The claim for freight and demurrage failed.
1 Cites

[ Bailii ]
 
Glen and Other v Korean Airlines Company Ltd Times, 18 April 2003
28 Mar 2003
QBD
Simon J
Damages, Personal Injury, Transport
The claimant sought damages for personal injuries under the Act. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. Held: Psychiatric injury is a recognised form of personal injury, and no statute excluded such claims, and nor was there any reason why they should be excluded from the statute. The law had changed since the earlier statute. However the normal requirements as to foreseeability and remoteness applied.
Civil Aviation Act 1982 76(2) - Air Navigation Act 1920
1 Cites


 
Daewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another [2003] EWCA Civ 451; Times, 17 April 2003
3 Apr 2003
CA
Lord Justice Aldous Lord Justice Judge And Lord Justice Longmore
Transport
The carrier had loaded the cargo on the ship's deck, despite a clause requiring it to be stowed in a hold. The charterparty sought to use the breach to remove the carrier's limit of liability. The older form of Hague rules applied. Held: It was not yet decided that the wharehouse and deviation case law was defunct along with the doctrine of fundamental breach of contract. Whether a clause operates to limit liability or excuse it entirely is a matter of construction of each clause. The carrier in this might still be able to take advantage of the rules limiting his liability.
Hague Rules 1924
1 Cites

1 Citers

[ Bailii ]
 
Arkin v Borchard Lines Ltd and others [2003] EWHC 687 (Comm); [2000] EuLR 232; [2003] 2 Lloyd's Law Reports 225
10 Apr 2003
ComC
Colman J
European, Commercial, Transport, Limitation
The Claimant sought damages for breach of the Rome Treaty Articles 82 and 81. His shipping company had faced organised anti-competitive attempts by the respondents to put him out of business. Held: A cause of action for breach of a statutory duty first arises when the breach causes damage to the claimant: "In this connection it is important to recognise that there are different ways in which such a breach may cause damage. Thus, an isolated event amounting to such a breach may cause a chain of damage development commencing when the effects of the breach first affect the claimant, and those [effects] may continue for a long period of time. If that period commences prior to the cut-off date for the purposes of the period of limitation, the claim will prima facie be time-barred notwithstanding that the effects of the breach may continue beyond that date. The position is similar to a claim in tort for negligence. By contrast, there may be a continuing or repeated breach of statutory duty, over an extended period, such as an unlawful emission of toxic fumes which continues to affect and injure those exposed to it over the whole period of that breach. In such a case, if the limitation cut-off date occurs during the period, the claimant's cause of action for the damage suffered after the date in question will not be time-barred." Colman J concluded that the case before him fell into the latter category.
Limitation Act 1980
1 Cites

1 Citers

[ Bailii ]
 
J I MacWilliam Co Inc v Mediterranean Shipping Company S A, "The Rafaela S" [2003] EWCA Civ 556; Times, 05 May 2003; Gazette, 03 July 2003; [2004] QB 702; [2003] 2 Lloyd's Rep 113
16 Apr 2003
CA
Lord Justice Rix Lord Justice Peter Gibson Mr Justice Jacob
Transport, Arbitration
Machinery was damaged whilst in transit, on the second of two legs. The contract described itself as a through bill of lading, but the port of discharge was not the final destination. Held: The contract was a straight bill of lading. A straight bill of lading requires delivery of the goods to the named consignee and no other. The first carrier acted only as an agent in arranging the on-carriage by the second carrier. A straight bill of lading is a "bill of lading or any similar document of title" within the Act.
Carriage of Goods by Sea Act 1971
1 Cites

1 Citers

[ Bailii ]
 
'Pearl', Owners of the Ship v 'Jahre Venture', Owners of the Ship [2003] EWHC 838 (Admlty)
30 Apr 2003
Adct

Transport

[ Bailii ]
 
Trafigura Beheer Bv v Golden Stavraetos Maritime Inc [2003] EWCA Civ 664; Times, 03 June 2003; Gazette, 10 July 2003
15 May 2003
CA
Lord Justice Kay Lord Justice Clarke The Vice Vice-Chancellor
Transport
The owners of cargo claimed damages from the carriers for a cargo of jet oil rejected at the port of destination because of contamination suffered on board. Held: In interpreting the rules, the court must adopt a process of construction which is appropriate to a set of rules agreed internationally and enacted into United Kingdom law. The process is both purposive and practical. The question was whether there had been delivery, or whether a second part of the voyage had been under a varied contract so as to extend the time limit. US case law suggests that an important question in deciding that question is whether the delivery was made under an entirely separate and distinct transaction. The question should be the broad one, whether in all the circumstances of the case the delivery was ‘delivery’ within the rule. There was delivery of the goods within the meaning of Article III Rule 6 at thesecond port. The oil was the same jet oil, the problem leading to the second voyage was the same for both shipper and cargo owner, and the second voyage arose from the charterparty. The claim was not therefore out of time.
Hague-Visby Rules Article III Rule 6
1 Cites

[ Bailii ]
 
Health and Safety Executive v Thames Trains Ltd [2003] EWCA Civ 720
22 May 2003
CA

Negligence, Transport, Health and Safety

[ Bailii ]
 
Siboti K/S v Bp France S A [2003] EWHC 1278 (Comm)
11 Jun 2003
ComC

Jurisdiction, Transport

[ Bailii ]
 
Internaut Shipping Gmbh, Sphinx Navigation Limited of Liberia v Fercometal Sarl [2003] EWCA Civ 812
17 Jun 2003
CA
Lord Justice Mummery Lord Justice Rix Lord Justice Sedley
Transport

[ Bailii ]

 
 The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions; CA 25-Jun-2003 - [2003] EWCA Civ 1842; [2004] QB 310; Times, 16 July 2003
 
Regina on the Application of Dart Harbour and Navigation Authority v the Secretary of State for Transport Local Government and the Regions [2003] EWHC 1494 (Admin); [2003] 2 Lloyds Rep 607
26 Jun 2003
QBD
The Hon Mr Justice Lightman
Transport
Captain Wyatt owned land near the harbour and wanted to moor his boat by it. The Harbour authority said he needed a licence. The Harbour authority requested him to move the boat as a danger to navigation. The Captain sought a judicial review of the authority's action. Held: Under the Act, the harbour authority had power to grant licences for moorings. In fact no decision had been made by the authority which was susceptible to an intervention by the respondent. Mooring meant more than the tackle used in fixing a boat's location, and included the occupation of space by the bank.
Dart Harbour and Navigation Authority Act 1975 33 - Harbours, Docks and Piers Clauses Act 1847 51
1 Cites

1 Citers

[ Bailii ]
 
In re Deep Vein Thrombosis and Air Travel Group Litigation Times, 14 July 2003; Gazette, 18 September 2003
3 Jul 2003
CA
Phillips of Worth Matravers MR, Judg, Kay LJJ
Personal Injury, Transport
Passengers on air flights who had suffered deep vein thrombosis through inactivity whilst travelling sought damages. Held: The claim in its nature was for something unrelated to any particular event. The word 'accident' necessitated some sort of event, an 'unexpected or unusual event or happening that is external to the passenger' and a failure to warn of the danger could not itself be an accident. The Convention provided the exclusive jurisdiction for claims against carriers. The claim failed.
Warsaw Convention on International Carriage by Air 1929 17
1 Cites

1 Citers


 
Welex A G v Rosa Maritime Limited A3/02/2230; A3/02/2231; [2003] EWCA Civ 938
3 Jul 2003
CA
Lord Justice Brooke Lord Justice May Lord Justice Tuckey
Transport, Jurisdiction

1 Cites

[ Bailii ]

 
 Hatton and Others v The United Kingdom; ECHR 8-Jul-2003 - Times, 10 July 2003; 36022/97; [2003] 37 EHRR 611; [2003] 37 EHRR 28
 
Airport Parking and Hotels (Birmingham) Ltd , Regina (on the Application of) v Civil Aviation Authority [2003] EWHC 2106 (Admin)
8 Jul 2003
Admn

Transport, Administrative

[ Bailii ]
 
Borvigilant, Owners of the Ship v Romina G, Owners of the Ship [2003] EWCA Civ 935
8 Jul 2003
CA
Lord Justice Clarke Lord Justice Dyson Lord Justice Peter Gibson
Transport

[ Bailii ]
 
Peoples' Insurance Company of China, Hebei Branch, China National Feeding Stuff Import/Export Corporation v Vysanthi Shipping Co Limited [2003] EWHC 1655 (Comm)
10 Jul 2003
QBD
The Honourable Mr Justice Thomas
Transport, Arbitration

[ Bailii ]
 
Great North Eastern Railway Ltd v Railcare Ltd [2003] EWHC 1608 (Comm)
15 Jul 2003
ComC

Transport, Negligence

[ Bailii ]
 
Midland Mainline Ltd and others v Commercial Union Assurance Company Ltd and others [2003] EWHC 1771 (Comm)
17 Jul 2003
ComC

Insurance, Transport

[ Bailii ]
 
Bow Spring, Owner of the Ship v Manzanillo Ii, Owners of the Ship [2003] EWHC 1802 (Admlty)
22 Jul 2003
Adct

Transport
collision at sea
1 Cites

1 Citers

[ Bailii ]
 
Altmark Trans and Regierungsprasidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH C-280/00; [2003] EUECJ C-280/00
24 Jul 2003
ECJ

European, Transport
ECJ Regulation (EEC) No 1191/69 - Operation of urban, suburban and regional scheduled transport services - Public subsidies - Concept of State aid - Compensation for discharging public service obligations
Regulation (EEC) No 1191/69
[ Bailii ]
 
Portolana Compania Naviera Ltd v Vitol S A Inc and Another [2003] EWHC 1904 (Comm)
29 Jul 2003
ComC

Transport

[ Bailii ]
 
Ocean Marine Navigation Ltd v Koch Carbon Inc ('The Dynamic') [2003] EWHC 1936 (Comm); [2003] 2 Lloyds Rep 693
31 Jul 2003
ComC
Simon J
Arbitration, Transport
The arbitrator had held in favour of the charterers that the owners were limited to damages and could not claim hire. The owners appealed. Held. The arbitrator had not applied the law correctly in rejecting the owners' claim to hire, and he remitted the award.
1 Citers

[ Bailii ]
 
Republic of Austria v Council of the European Union C-445/00
11 Sep 2003
ECJ

European, Transport
Europa System of ecopoints for heavy goods vehicles transiting through Austria - Amendment by Regulation (EC) No 2012/2000 - Illegality.

 
ICL Shipping Ltd and Another v Chin Tai Steel Enterprise Co Ltd and others [2003] EWHC 2320 (Comm)
10 Oct 2003
ComC

Transport

Merchant Shipping Act 1995
[ Bailii ]
 
Fal Oil Co Limited, Credit Agricole Indosuez (Suisse) S A v Petronas Trading Corporation Sdn Bhd [2003] EWHC 2225 (Comm)
10 Oct 2003
QBD
The Honourable Mr Justice Morison
Transport, Contract

[ Bailii ]
 
Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited [2003] EWHC 2450 (QB)
30 Oct 2003
QBD
The Hon Mr Justice Morland
Negligence, Transport
A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: " . . . in building Little Heck Bridge on which the M62 motorway was to be carried and under which there was a main line railway track the department was under a duty to take reasonable care that not only the users of the motorway but also people and property who could foreseeably be on the railway track would not be exposed to an unreasonable risk of injury." However it was " . . . a matter for the professional judgment of highway and bridge designers and engineers to determine what the length of the approach safety fencing or barrier should be. " In this case there was no such negligence.
Civil Liability (Contribution) Act 1978 1(1) - Highways Act 1959
1 Cites

[ Bailii ]
 
Vehicle and Operator Services Agency, Regina (on the Application Of) v Field [2003] EWHC 2638 (Admin)
31 Oct 2003
Admn

Transport

[ Bailii ]
 
Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others [2003] EWHC 2602 (Comm)
7 Nov 2003
QBD
The Honourable Mr Justice Colman
Contract, Transport, Arbitration
One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers. Held: Because he has in effect become a statutory assignee of the promisee’s right of action against the promisor and because, by reason of the underlying policy of section 1(4), he is confined to the means of enforcement provided by the contract to the promisee, namely arbitration. He is to be treated as standing in the shoes of that promisee for the purpose only of the enforcement of the substantive term. In this case, the scope of the disputes covered by the arbitration agreements was wide enough to embrace a dispute between owners and charterers about payment of the brokers’ commission, and they fell to be resolved by arbitration.
Contracts (Rights of Third Parties) Act 1999 1(4) - Arbitration Act 1996 67
1 Cites

[ Bailii ]
 
London and Continental Stations and Property Ltd, Regina (on the Application Of) v Rail Regulator and Another [2003] EWHC 2607 (Admin)
7 Nov 2003
Admn

Transport, Administrative

[ Bailii ]
 
Autriche v Commission (Judgment) C-356/01; [2003] EUECJ C-356/01
20 Nov 2003
ECJ

European, Environment, Transport
ECJ System of ecopoints for heavy goods vehicles transiting through Austria - Refusal by the Commission to reduce the number of ecopoints for 2001 - Legality.
[ Bailii ]

 
 Vehicle and Operator Services Agency v George Jenkins Transport Ltd; Admn 20-Nov-2003 - [2003] EWHC 2879 (Admin); Times, 05 December 2003
 
Triton Navigation Limited v Vitol Sa [2003] EWCA Civ 1715
2 Dec 2003
CA
Lord Justice Mance Lord Justice Mummery Lord Justice Simon Brown
Transport

[ Bailii ]
 
Thames Cruises Limited v George Wheeler Launches Limited, Kingwood Launches Limited [2003] EWHC 3093 (Ch)
16 Dec 2003
ChD
The Honourable Mr Justice Peter Smith
Equity, Transport, Negligence, Company
The parties had previously worked to gether to provide ferry services on the Thames. A new tender to operate the services was not submitted. It was alleged that the Defendants had inequitably seized for themselves a business opportunity which the parties had agreed to secure jointly, and that the new licence was held in trust for all parties. Held: There was no partnership; each company operated separately. Even so, the defendants were in breach of the agreement they made to make a joint tender and it was not conscionable for them to have made a bid without reference to the Claimant and to retain the benefit of that bid without recompense to the Claimant.
1 Cites

[ Bailii ]
 
Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd [2003] EWHC 3158 (Comm)
18 Dec 2003
ComC
Mr Justice Moore-Bick
Insurance, Transport

EC Regulation 44/2001
1 Citers

[ Bailii ]
 
Indigo International Holdings Ltd and Another v Brave Challenger, Owners And/Or Demise Charterers of [2003] EWHC 3154 (Admlty)
18 Dec 2003
Adct

Transport

[ Bailii ]
 
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