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Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: QBD 2015

The sip had been taken by pirates. The parties disputed the burden of expenses while negotiations took place for its release. Held: the hypothetical other expense must be one which would have been reasonably incurred in a sense ‘interpreted and applied with a sufficient degree of latitude to give rule F practical effect’. The deputy … Continue reading Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: QBD 2015

Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: SC 25 Oct 2017

This appeal raises the issue whether the daily vessel-operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average – ie whether those expenses should be shared proportionately between all those whose property and entitlements were imperilled as a result of that seizure – … Continue reading Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: SC 25 Oct 2017

Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg and Others: CA 13 Jul 2016

The court was asked whether the general expenses incurred when a ship was taken by pirates were allowable in General Average while the negotiations for release took place. Judges: Kitchin, Hamblen LJJ, Sir Thomas Lloyd Citations: [2016] EWCA Civ 708, [2016] WLR(D) 390, [2016] Bus LR 1285 Links: Bailii, WLRD Statutes: York Antwerp Rules 1974 … Continue reading Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg and Others: CA 13 Jul 2016

Marida Ltd and Others v Oswal Steel and Others (The Bijela): HL 2 May 1994

Ship owners may claim for the cost of interim repairs in average, but still subject to the overall limits imposed by the rules. Citations: Times 02-May-1994, Gazette 08-Jun-1994, [1994] 1 WLR 615 Statutes: York-Antwerp Rules 1974 Jurisdiction: England and Wales Cited by: Cited – Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh … Continue reading Marida Ltd and Others v Oswal Steel and Others (The Bijela): HL 2 May 1994

Navalmar UK Ltd v Ergo Versicherung Ag and Another (BSLE Sunrise): ComC 4 Nov 2019

Trial of a preliminary issue as to whether, on a true construction of General Average Guarantees (‘GA guarantees’) issued by the defendants and in the events that for the purposes of this trial it is to be assumed have happened, the defendants are entitled to raise a defence under Rule D of the York-Antwerp Rules … Continue reading Navalmar UK Ltd v Ergo Versicherung Ag and Another (BSLE Sunrise): ComC 4 Nov 2019