The applicants sought judicial review of a decision of the respondent not to name the wreck of the merchant ship SS STORAA as a protected site under the 1986 Act. It had been a merchant ship forming part of a convoy, and was sunk by enemy action in the Second World War. Held: The review … Continue reading Fogg and Ledgard v The Secretary of State for Defence, Short: Admn 13 Dec 2005
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
Affirmed Judges: Sir J Gorell, Barnes P, Moulton, Kennedy LJJ Citations: 91907) P 254 Statutes: Merchant Shipping Act 1894 503 Jurisdiction: England and Wales Citing: Appeal from – The Hopper No 66 1906 . . Cited by: At CA – Sir John Jackson Ltd v Owners of Steamship ‘Blanche’ and Others HL 28-Feb-1908 Charterers by … Continue reading The Hopper No 66: CA 1907
Judges: Deane J Citations: (1906) P 34 Statutes: Merchant Shipping Act 1894 503 Jurisdiction: England and Wales Cited by: Appeal from – The Hopper No 66 CA 1907 Affirmed . .At First Instance – Sir John Jackson Ltd v Owners of Steamship ‘Blanche’ and Others HL 28-Feb-1908 Charterers by demise are ‘owners’ within the meaning … Continue reading The Hopper No 66: 1906
Charterers by demise are ‘owners’ within the meaning of section 3 of the Merchant Shipping Act 1894, and can, therefore, under that section, claim the benefit of limitation of liability, conferred by sections 503 and 504, in respect of loss or damage caused by the improper navigation of the ship by their servants. [ Cf. … Continue reading Sir John Jackson Ltd v Owners of Steamship ‘Blanche’ and Others: HL 28 Feb 1908
(Hong Kong) The ship-owners challenged the arrest of the ship under a mortgage in favour of the bank. They said no instalment was due. Held: The plaintiffs were not obliged to give notice accelerating repayment of the loan before exercising their express power of sale under that clause. It follows that the writ, though defective … Continue reading Banque Worms v Owners of the Ship Or Vessel Maule and others: PC 24 Feb 1997
A fireman signed articles of agreement for a ‘voyage not exceeding one year’s duration to any ports or places within the limit of 75 degrees north and 60 degrees south latitude, commencing at Cardiff, proceeding thence to Malta, thereafter trading to ports in any rotation, and to end at such port in the United Kingdom … Continue reading Board of Trade v Baxter and Another, ‘The Scarsdale’: HL 29 Jul 1907
The appellants were the owners of the ss ‘Knight of the Garter,’ and the respondents owned a cargo of coal which she carried. Damage both to ship and cargo was caused by fire under circumstances which are fully narrated in the judgment of the Earl of Halsbury. The appellants made a general average claim in … Continue reading Greenshields, Cowie, and Co v Thomas Stephens and Sons: HL 31 Jul 1908
Ship – Collision at Sea – Narrow Channel – Firth of Forth – Regulations for Preventing Collisions at Sea 1897, Art. 25 Judges: Lord Chancellor (Loreburn), Earl of Halsbury, Lord Atkinson, Lord Gorell, and Lord Shaw Citations: [1909] UKHL 99, 47 SLR 99 Links: Bailii Statutes: Merchant Shipping Act 1894 Jurisdiction: Scotland Transport Updated: 25 … Continue reading Kerr v Screw Collier Co Ltd: HL 14 Dec 1909
Circumstances in which, approving the judgment of the Lord President in which he deals with the presumption of fault when a collision occurs between a moving and a stationary vessel, and the necessity of averring and proving specific fault on the part of a compulsory pilot in order to obtain the benefit of section 633 … Continue reading Alexander Stephen and Sons Ltd v Allan Line Steamship Co Lltd: HL 11 Mar 1912
The owners of a line of steamers agreed to supply a vessel for the carriage of goods from New York to China. The charter-party provided that the contract should be subject to all the exemptions contained in the Harter Act of the United States of 1893, clause 3 of which provides ‘That if the owner … Continue reading Standard Oil Co of New York v Clan Line of Steamers Ltd (Owners of SS ‘Clan Gordon’): HL 23 Nov 1923
The Merchant Shipping Act 1894, sec. 633, enacts-‘An owner or master of a ship shall not be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of that ship within any district where the employment of a qualified pilot is compulsory … Continue reading Steamship ‘Beechgrove’ Co, Ltd v Aktieselskabet ‘Fjord’ of Christiania: HL 18 Oct 1915
The House was asked as to when the acts of an individual became those of his employer under section 502 (‘any loss or damage happening without (the ship owner’s) actual fault or privity’). Held: Viscount Haldane LC said: ‘It must be upon the true construction of that section in such a case as the present … Continue reading Lennard’s Carrying Company Limited v Asiatic Petroleum Company Limited: HL 1915
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
Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000
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
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
