swarb.co.uk - law index
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Transport - From: 1992 To: 1992
This page lists 7 cases, and was prepared on 02 April 2018.
The Holstencruiser [1992] 2 Lloyd's Rep 378
1992
Hobhouse J
Transport
Hague-Visby Rules A2
1 Cites
1 Citers
The Moonacre [1992] 2 Lloyds Rep 501
1992
Mr A. D. Colman QC
Insurance, Transport
S, had bought a vessel and insured it in his name, but registered it in the name of company, R. The boat was destroyed by a fire. The insurers argued that S had no insurable interest in the vessel, albeit by agreement with R he was entitled to exclusive use and control of the vessel. This agreement enabled the Judge to distinguish Macaura because S had an insurable interest in the vessel as he would benefit from its preservation and suffer loss of a valuable benefit if it were lost or destroyed. There was no third category of contracts of insurance which were not wagering contracts but were unenforceable for want of an insurable interest. The 1906 Act expressly provides that an interest at the time of loss is necessary but not at the time the insurance is effected (section 6).
Marine Insurance Act 1906 6
1 Cites
1 Citers
Regina v Darling (Wreck Commissioner) Ex Parte Swan Hunter Shipbuilders Ltd; Similar Gazette, 08 January 1992
8 Jan 1992
QBD
Costs, Administrative, Transport
No costs order should normally be made in favour of the relatives of the deceased seamen, following an enquiry by the Wreck Commissioner, save only in cases of hardship. The responsibility for ship safety is a matter of proper concern to ship-builders as well as regulators. The Commissioner having considered all those points which he was obliged to do, his decision was not to be faulted.
Union Transport Plc v Continental Lines Sa and Another; HL 15-Jan-1992 - Gazette, 15 January 1992; [1992] 1 All ER 161; [1992] 1 WLR 15; [1992] 1 Lloyds Rep 229
Smit Tak Offshore Services and Others v Youell and Others Gazette, 15 January 1992
15 Jan 1992
CA
Insurance, Transport
A marine insurance policy did not cover the cost of compliance with an unlawful threat from the state of Dubai to revoke a licence if a wreck was not removed. The threat did not create a legal responsibility covered by the insurance. An umbrella policy designed to cover risks not otherwise insured against, could not thereby be expected to cover all other risks.
Steadman v Scholfield and Another Gazette, 06 May 1992
6 May 1992
QBD
Personal Injury, Damages, Transport
A jet ski is neither a boat nor a vessel. The maritime limitation rules did not therefore apply to an accident involving a jet ski. The applicant could therefore claim full damages.
Marine Conventions Act 1911
Bank of America National Trust and Savings Association v Chrismas ('The Kyriaki'); QBD 26-Aug-1992 - [1993] 1 Lloyd's Rep 137; Times, 26 August 1992