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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Transport - From: 2004 To: 2004

This page lists 29 cases, and was prepared on 02 April 2018.

 
Eagle Star Insurance Co Ltd v Games Video Co (GVC) Sa [2004] EWHC 15 (Comm)
16 Jan 2004
ComC

Transport, Insurance

[ Bailii ]
 
Kronos Worldwide Limited v Sempra Oil Trading S A R L [2004] EWCA Civ 3
23 Jan 2004
CA
Lord Justice Mance Lord Justice Pill Lord Justice Evans-Lombe
Transport, Contract

1 Citers

[ Bailii ]
 
Glencore International A G v Alpina Insurance Company Limitedand others [2004] EWHC 66 (Comm)
23 Jan 2004
ComC
The Hon Mr Justice Moore-Bick
Insurance, Transport

[ Bailii ]
 
CMA CGM Sa v Classica Shipping Co Ltd [2004] EWCA Civ 114; Times, 27 February 2004; Gazette, 18 March 2004
12 Feb 2004
CA
Waller, Longmore, Neuberger LJJ
Contract, Transport
The charterers were held liable to the shippers for the cost of repairing the vessel when containers containing bleach exploded. The charterers had established a compensation limitation fund in France. Held: The liability of the charterers was defined by the type of claim brought, not by the capacity in which he acted. The charterers appeal failed save that they could limit their liability to claims from the shipowners for damage to their own cargoes.
Merchant Shipping Act 1995 185 - Convention on Limitation of Liability for Maritime Claims of 1976
1 Cites

1 Citers

[ Bailii ]
 
Petromec Inc v Petroleo Brasileiro Sa Petrobras, Braspetro Oil Services Company, Societa Armamento Navi Appoggio Spa, Den Norske Bank Asa [2004] EWCA (Civ) 156
17 Feb 2004
CA
Lord Justice Brooke
Contract, Transport

1 Cites

1 Citers

[ Bailii ]
 
Bristow Helicopters Ltd and Another v Sikorsky Aircraft Corporation (Incorporated In and Under Laws of Delaware USA) and others [2004] EWHC 401 (Comm)
5 Mar 2004
ComC

Personal Injury, Transport

1 Cites

[ Bailii ]

 
 Marine Blast Ltd v Targe Towing Ltd and Another; CA 26-Mar-2004 - [2004] EWCA Civ 346
 
Dairy Containers Ltd v Tasman Orient Line Cv [2004] UKPC 22
20 May 2004
PC
Lord Bingham of Cornhill, Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Carswell, Dame Sian Elias
Contract, Transport
PC (New Zealand) The appeal concerned the correct interpretation of a damage limitation clause in a contract for the carriage of goods by sea. Held: Clause 6(B)(b)(i) must be construed in the context of the contract as a whole. The general rule is that if a party, otherwise liable, is to exclude or limit his liability or to rely on an exemption, he must do so in clear words. The deemed limitation provision to "£100 Sterling, lawful money of the United Kingdom per package or unit", gives effect to article IV rule 5 as if it were unqualified by article IX. The express limitation stated by the parties in clause 6(B)(b)(i) had the purpose of altering the limitation aspect of the Hague Rules and that effect had to be given to that contractual purpose.
Hague Rules
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Atlanska Plovidba, Atlantic Conbulk Shipping Company v Consignaciones Asturianas S.A. [2004] EWHC 1273 (Comm)
28 May 2004
Adct
The Hon Mr. Justice Moore-Bick
Transport, Arbitration

Arbitration Act 1996 18
[ Bailii ]
 
Booth v Phillips and Others [2004] 1 WLR 3292; Times, 27 July 2004; [2004] EWHC 1437 (Admlty)
17 Jun 2004
ComC
Nigel Teare QC
Jurisdiction, Civil Procedure Rules, Transport
The claimant was widow of an engineer who died on the defendant's vessel in Egypt. She sought damages, but first had to establish jurisdiction. Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was not restricted to the actual event of the death, but rather included the damage which was sufferred, namely the loss of support, which occurred within the jurisdiction. The English court had jurisdiction, and could order service out of the jurisdiction.
Civil Procedure Rules 6.20 - Civil Procedure Act 1997 2(7)
1 Cites

1 Citers

[ Bailii ]

 
 Portolana Compania Naviera Limited v Vitol Sa Inc, Vitol Sa of Switzerland; CA 12-Jul-2004 - [2004] EWCA Civ 864; Times, 24 August 2004
 
International Air Transport Association and Another, Regina (on the Application of) v Department for Transport [2004] EWHC 1721 (Admin)
14 Jul 2004
Admn

European, Transport

[ Bailii ]
 
Vrinera Marine Company Limited v Eastern Rich Operations Incorporated [2004] EWHC 1752 (Comm)
21 Jul 2004
ComC
The Honourable Mr Justice Langley
Arbitration, Transport

[ Bailii ]
 
Humber Work Boats Ltd v 'Selby Paradigm', Owners of Mv and others [2004] EWHC 1804 (Admlty)
23 Jul 2004
AdCt

Transport, Litigation Practice
The barge had become holed when run aground and then repaired. The repair was faulty, and it sank. The insurers rejected the claim saying that the owners had failed to disclose a report showing areas of thinning of the hull. The underwriters sought to be joined as defendants after judgment. Held: It was argued that party could be added after judgment: "the argument runs following the judgment there is, by definition, no "matter in dispute" in the proceedings.
I unhesitatingly reject this submission. Any proper analysis of the rule must be on the assumption that the existing defendants and/or the intended defendants have a defence that has a real prospect of success. If there is no such prospect, any joinder would be a barren exercise. If there is an arguable defence, then it is a bootstraps argument to assert that the default judgment can be relied upon to assert that the prosecution of such a defence is barred. "
Civil Procedure Rules 19(2)(2) - Marine Insurance Act 1906 39(5)
1 Cites

[ Bailii ]
 
TQ3 Travel Solutions Belgium v Commission T-148/04; [2005] EUECJ T-148/04; [2005] EUECJ T-148/04
27 Jul 2004
ECFI

Transport
(Order) Public service contracts - Procedure for the award of Community bids - Provision of travel agency services for the travel of officials and servants of the institutions'
[ Bailii ] - [ Bailii ]
 
'Bow Spring', Owners of Ship v 'Manzanillo Ii', Owners of Ship [2004] EWCA Civ 1007; Times, 19 August 2004
28 Jul 2004
CA
Lord Justice Clarke Lord Justice Sedley Lord Phillips Of Worth Matravers, MR
Transport, Civil Procedure Rules
There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil art 6 requirements. Had counsel seen the advice, opportunity might have been taken to clarify a point central to the issues.
Civil Procedure Rules 35.15(4) - European Convention on Human Rights 6
1 Cites

1 Citers

[ Bailii ]

 
 In the matter of Anglorom Trans (UK) Limited; Paramount Kitchens Ltd; CA 30-Jul-2004 - [2004] EWCA Civ 998
 
El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA [2004] FCAFC 202; [2004] 2 Lloyd's Rep 537
10 Aug 2004

Black, Beaumont, Allsop JJ
Transport, Commonwealth
(Federal Court of Australia) ADMIRALTY AND MARITIME LAW – carriage of goods by sea – Hague-Visby Rules – Australian COGSA Art 3 Rules 3, 4 and 8 – method for assessing value of cargo – where no ‘commodity exchange price’ or ‘current market price’ – where ‘normal value’ of goods at destination not determined. ADMIRALTY AND MARITIME LAW – limitation of liability – bill of lading – how to treat posters and prints enumerated as ‘pieces’ – whether an enumeration of packages or units – whether contractual limitation applies. STATUTORY INTERPRETATION – construction of Carriage of Goods by Sea Act 1991 (Cth), Art 4 Rule 5(c) – meaning of ‘enumeration of packages or units’ – meaning of ‘as packed’.
1 Citers

[ Austilii ]
 
Commission v Luxembourg C-481/03 C-481/03; [2004] EUECJ C-481/03
30 Sep 2004
ECJ

European, Transport
ECJ (Transport) Failure to fulfill obligations - Directives 2001/12 / EC and 2001/13 / EC - Community railways - Development - Level playing, uniform and non-discriminatory access to the infrastructure - Licensing of railway undertakings - Common scheme - Failure -transposition within the prescribed period
[ Bailii ]

 
 Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1); ECJ 5-Oct-2004 - C-399/01; [2004] EUECJ C-399/01; C-401/01; [2004] EUECJ C-401/01; [2004] EUECJ C-403/01; C-397/01; C-398/01; C-402/01; C-403/01; C-400/01; [2005] IRLR 137; [2004] ECR 8835; [2005] ICR 1307; [2004] ECR I-8835
 
Maridive Vii, Maridive Xiii, Maridive 85 and Maridive 94, Owners, Masters and Crews of the Tugs v Key Singapore, Owners and Demise Charterers of the Oil Rig [2004] EWHC 2227 (Comm)
6 Oct 2004
ComC

Transport, Arbitration

[ Bailii ]
 
North Star Shipping Ltd. and others v Sphere Drake Insurance Plc and others [2004] EWHC 2457 (Comm)
27 Oct 2004
ComC
Colman J
Transport, Insurance

[ Bailii ]
 
Nurnberger Allgemeine Versicherungs AG v Portbridge Transport International BV C-148/03; [2004] EUECJ C-148/03
28 Oct 2004
ECJ

European, Transport
Europa Brussels Convention - Articles 20 and 57(2) - Failure by the defendant to enter an appearance - Defendant domiciled in another Contracting State - Geneva Convention on the Contract for the International Carriage of Goods by Road - Conflict between conventions
[ Bailii ]
 
Brentwood Borough Council v Gladen [2004] EWHC 2500 (Admin); Times, 01 November 2004; [2005] RTR 12
28 Oct 2004
Admn
Collins J
Licensing, Transport
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire vehicles in a controlled district without a current operator's licence under section 55 of the 1976 Act contrary to section 46(1)(d) and (2). The council appealed by way of case stated dismissal of their prosecutions under the Act of Mr Gladen for providing pre-booked private hire. The prosecution claimed he needed a license as a private hire operator in addition to the license he had under the 1847 Act. Held: The District Judge had been correct. Section 46(1)(d) is not breached where a licensed hackney carriage and a licensed hackney carriage driver is provided for the relevant conveyance of a passenger, albeit it is provided through an operator. In those circumstances, an operator's licence under section 55 of the Act is not appropriate, since that section does not cover hackney carriages.
Local Government (Miscellaneous Provisions) Act 1976 55 - Town Police Clauses Act 1847
1 Cites

1 Citers

[ Bailii ]

 
 Roads v Central Trains Ltd; CA 5-Nov-2004 - [2004] EWCA Civ 1541
 
Laemthong International Lines Company Ltd v Artis and others [2004] EWHC 2738 (Comm)
8 Nov 2004
ComC

Transport

[ Bailii ]
 
Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc ("The Jordan II") [2004] UKHL 49; Times, 26 November 2004; [2005] 1 WLR 1363; [2005] 1 All ER 175
25 Nov 2004
HL
Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote
Transport
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was asked to depart from an interpretation of the rules which had stood and been applied for more than fifty years. Held: There was no sufficient reason for departing from the rule in Renton. The House had to be aware that many commercial contracts had been put in place in reliance upon the existing interpretation, and other parties would be affected. Any change ought to make allowance for each of those interests. A review was current by UNCITRAL, and the House refused to overturn the long standing interpretation of the rules.
Hague-Visby Rules A2
1 Cites

1 Citers

[ Bailii ] - [ House of Lords ]
 
Commission v Netherlands French Text C-528/03; [2004] EUECJ C-528/03
16 Dec 2004
ECJ

European, Transport

[ Bailii ]
 
Ross v Ryanair Ltd and Another [2004] EWCA Civ 1751; Times, 11 January 2005; [2005] 1 WLR 1349
21 Dec 2004
CA
Lord Justice Brooke Vice-President Of The Court Of Appeal (Civil Division) Lord Justice Jonathan Parker And Lord Justice Keene
Discrimination, Transport
The claimant said that the airline and airport had failed to provide proper access arrangements for him as a disabled person. No wheelchair had been provided to transfer him through the airport to the airplane. Held: It was the duty of both defendants to provide such facilities. It was no defence that better facilities were provided for more seriously disabled travellers, and the claimants financial ability to provide his own services was equally irrelevant. Both defendants were 100% liable, and the damages were to be paid equally.
Disability Discrimination Act 1995
1 Cites

[ Bailii ]
 
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