swarb.co.uk - law index
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Transport - From: 1993 To: 1993
This page lists 18 cases, and was prepared on 02 April 2018.
The Gudermes; CA 1993 - [1993] 1 LlR 311
The Coral [1993] 1 Lloyds Rep 1
1993
CA
Beldam LJ
Transport
Hague-Visby Rules A2
1 Cites
1 Citers
The Ot Sonja [1993] 2 Lloyds Rep 435
1993
CA
Transport
The time limit under the Rules applied where goods had not been loaded and that time would start to run from the date when the goods ought to have been delivered.
Hague Visby Rules
1 Citers
Mediterranean Freight Services Ltd v BP Oil International Ltd (The Fiona) [1993] 1 Lloyds Rep 257
1993
Judge Diamond, QC
Transport
A carrier's right to an indemnity for damage resulting from the transport of dangerous goods, does not depend on whether the shipper knew of the dangerous nature and character of the goods or was at fault in permitting their shipment or not warning the carrier of their dangerous nature.
Judge Diamond, QC identified what a carrier has to prove in order to recover under the Rules: "In my view it is clear as a matter of construction that if the carrier is able to prove the three matters specified in art. IV, r. 6 then he is entitled to recover compensation from the shipper for the loss sustained by him as the result of the shipment of a dangerous cargo. What the carrier has to prove is (a) that the shipper shipped goods of an "inflammable, explosive or dangerous nature"; (b) that neither the carrier, the master nor any agent of the carrier consented to the shipment of such goods with knowledge of their nature and character and (c) that the carrier suffered damages or expenses "directly or indirectly arising out of or resulting from such shipment" (i.e. from the shipment of the goods of the described class)."
Hague Rules Art IV, r 6
1 Citers
Hussain v Bradford City Council; QBD 15-Feb-1993 - Ind Summary, 15 February 1993
Topp v London Country Bus (South West) Ltd Gazette, 12 May 1993; Ind Summary, 22 February 1993
22 Feb 1993
CA
Negligence, Personal Injury, Transport
A Bus Company had no duty of care to a victim of an accident caused by a thief who had stolen their bus. Company is not liable in negligence for having left bus with key in it to victim of thief's driving.
Pan Ocean Shipping Co Ltd v Creditcorp Ltd Gazette, 24 March 1993
24 Mar 1993
CA
Contract, Transport
Advance payments made under a charterparty contract were not recoverable the assignees when the charter became ineffective. Such contracts were provisional as between the original parties, but did not retain that characteristic on assignment unless the contract was, in effect, clearly identified as such.
Oorburg and van Messem v Wasser- und Schiffahrtsdirektion; ECJ 31-Mar-1993 - C-184/91; [1993] EUECJ C-184/91
Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs) Times, 07 May 1993
7 May 1993
QBD
Local Government, Licensing, Transport
A cabbie was not operating outside the district of the local authority in which he was licensed to operate, just by advertising outside that district.
Local Government Miscellaneous Provisions Act 1976 55
Oceangas (Gibraltar) Ltd v Pla (The Cavendish) Times, 24 May 1993; Gazette, 01 September 1993; Independent, 28 May 1993
24 May 1993
QBD
Negligence, Transport, Vicarious Liability
A harbour authority is not vicariously liable for a pilot's negligence. A pilot is an independent professional person, even though the port provides his services, and can insist on his employment.
Pilotage Act 1987
Torvald Klaveness A/S v Arni Maritime Corporation (The Gregos); CA 4-Jun-1993 - Ind Summary, 05 July 1993; Times, 04 June 1993; [1993] 2 Lloyd's Rep 335
The Lu Shan Times, 15 June 1993
15 Jun 1993
QBD
Damages, Transport
Interest to be calculated up to the point a the claimed being compromised.
Practice Direction Ind Summary, 21 June 1993
21 Jun 1993
Admn
Transport
Harmonisation with commercial court re interlocutory and general practice.
Practice Direction - Admiralty Court 10 May 1993 Gazette, 23 June 1993
23 Jun 1993
Admn
Transport
Provisions aligning practice in admiralty court with commercial court.
Gibraltar v Council Times, 09 July 1993; [1993] ECR I-3605; C-298/89; [1993] EUECJ C-298/89
29 Jun 1993
ECJ
Transport, Constitutional
(Judgment) European Community jurisdiction on Gibraltar Airport dispute must await UK-Spain agreement.
ECJ Article 2(2) of Directive 89/463 concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States, which suspends the application of that directive to Gibraltar airport until the cooperation arrangements for that airport agreed between the Governments of the Kingdom of Spain and the United Kingdom come into operation, cannot be regarded as constituting a decision within the meaning of the second paragraph of Article 173 of the Treaty, so that an action for its annulment brought by a natural or legal person is inadmissible.
Where an instrument contains limitations or derogations which are temporary or territorial in nature, they form an integral part of the provisions as a whole within which they are found and, in the absence of any misuse of powers, are of the same general nature as those provisions. The suspension by the said article of the application of the directive, which is itself of general application, affects equally all air carriers wishing to operate a direct inter-regional air service between another Community airport and Gibraltar airport and, more generally, all those using the latter airport. Furthermore, apart from the fact that Gibraltar airport is not the only airport to have been temporarily excluded from the scheme of the directive, the said suspension merely reflects the consequences of the existence of an objective obstacle, arising from differences between two Member States, to the immediate application of the directive to Gibraltar airport.
[ Bailii ]
The Lu Shan Ind Summary, 19 July 1993
19 Jul 1993
Admn
Transport
Interest given up to striking balance on compromise of collision claim.
The Celebration Times, 05 October 1993
5 Oct 1993
Admn
Transport
Costs are to follow event when a decree of limitation is sought under s4.
Merchant Shipping Act 1979 4
Kuwait Airways Corporation v Iraqi Airways Company and Another Gazette, 08 December 1993
8 Dec 1993
CA
International, Transport
The taking of possession of airplanes by a company at the behest of a state is not justiciable because of sovereign immunity.