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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: CA 7 Feb 2003

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 . .

Swift and Others v Fred Olsen Cruise Lines: CA 29 Jul 2016

The cruise operator appealed against a finding that it was liable to the several claimants who had succumbed to the norovirus whilst on a cruise with them. Held: The appeal failed. Lord Dyson MR, Gross, Christopher Clarke LJJ [2016] EWCA Civ 785 Bailii Convention Relating to the Carriage of Passengers and Their Luggage by Sea, … Continue reading Swift and Others v Fred Olsen Cruise Lines: CA 29 Jul 2016

Holyhead Marina Ltd v Farrer (Storm Emma): CA 3 Nov 2021

Provision allowing dock owners to limit liability for loss or damage to vessel- Definition of ‘dock’ including ‘stages, landing places and jetties’ Sir Geoffrey Vos, Master of the Rolls [2021] EWCA Civ 1585, [2021] Bus LR 1874 Bailii Merchant Shipping Act 1995 191(9) England and Wales Citing: Appeal from – Holyhead Marina Ltd v Farrer … Continue reading Holyhead Marina Ltd v Farrer (Storm Emma): CA 3 Nov 2021

Holyhead Marina Ltd v Farrer and Others (Emma): AdCt 7 Jul 2020

Moorings in harbour were dock – limited liability Several small vessels were moored in a marina, secured to floating pontoons. They were damaged in a bad storm. The claimants operated the marina under a lease, and now sought a declaration so as to limit their liability under s191 of the 1995 Act. The defendants said … Continue reading Holyhead Marina Ltd v Farrer and Others (Emma): AdCt 7 Jul 2020

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

Splitt Chartering Aps and Others v Saga Shipholding Norway As and Others: AdCt 22 May 2020

The anchor of a dumb barge riding out a storm, damaged an underwater cable. The claimants including the fourth, a company that placed men on board with instructions to operate the barge’s machinery whilst it was at anchor off Dover, sought to limit their liability using the 1995 Act and the Convention. Held: The declaration … Continue reading Splitt Chartering Aps and Others v Saga Shipholding Norway As and Others: AdCt 22 May 2020

Todd and Others v Adams and Another: CA 18 Apr 2002

The boat owners had failed to comply with the 1975 safety rules, and seamen died. The boat owners relied upon the restriction on damages in the 1995 Act, and the seamen’s families argued that the failure to apply the safety rules removed that limitation. Held: A breach of the safety rules did not give rise … Continue reading Todd and Others v Adams and Another: CA 18 Apr 2002

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 – . .

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

Harding v Wealands: CA 17 Dec 2004

The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied. Held: The general rule in section 11 was not to be displaced. Roerig implied a bright line between matters of assessment and heads … Continue reading Harding v Wealands: CA 17 Dec 2004

D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others: QBD 31 Mar 2009

The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain. Held: Much of the damage claimed was for economic loss. The number of people who would be brought within the … Continue reading D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others: QBD 31 Mar 2009