Search Results for: Merchant Shipping Act 1995 190

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Theresa Libra, The Owners of The Ship v Ship MSC Pamela, The Owners of The Ship: AdCt 19 Sep 2013

The parties had entered into an agreement apportioning liability after a collision between two ships, but without settling the sums involved. The defendanats now asserted that the claim was out of time under the 1995 Act. Judges: Teare J Citations: [2013] EWHC 2792 (Admlty) Links: Bailii Statutes: Merchant Shipping Act 1995 190 Jurisdiction: England and … Continue reading Theresa Libra, The Owners of The Ship v Ship MSC Pamela, The Owners of The Ship: AdCt 19 Sep 2013

Sweet v Owners of Blyth Lifeboat; The Edward Duke of Windsor: QBD 22 Jan 2002

A claim which was covered by the Act for damages for psychiatric injury arose not at the date of the accident, but from when the claimant first developed a recognised psychiatric injury. The two year period of limitation under the Act ran accordingly from the later date. Had parliament wished another result, it could easily … Continue reading Sweet v Owners of Blyth Lifeboat; The Edward Duke of Windsor: QBD 22 Jan 2002

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

Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

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