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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Transport - From: 1996 To: 1996

This page lists 21 cases, and was prepared on 02 April 2018.

 
Owners of Cargo lately laden on Board the ship Nazym Khikmet and Ors [1996] CLC 1044; [1996] 2 Lloyd's Rep 362
1996
CA

Transport

Administration of Justice Act 1956 3(4) - Supreme Court Act 1981 21(4)(ii)
1 Cites

1 Citers


 
Semco Salvage and Marine Pte Ltd v Lancer Navigation Co Ltd Ind Summary, 12 February 1996; Times, 16 January 1996
16 Jan 1996
CA

Transport
'Fair rate' includes overheads and costs of having equipment instantly ready.
International Convention on Salvage 1989 14(3)

 
Soon Hua Seng Company Ltd v Glencore Grain Ltd [1996] CLC 729; Lloyd's List 21 February 1996
17 Jan 1996
ComC
Mance J
Transport, Contract
ComC Carriage of goods - carriage contract - bill of lading - stipulation for discharge on liner terms - failure to stipulate - rejection - justification.

 
Effort Shipping Co Ltd v Linden Management Sa and Another (The Glannis Nk) Independent, 06 February 1996; Times, 05 February 1996
5 Feb 1996
CA

Transport
A shipper's liability for known dangerous goods is not limited by fault or by negligence.
Hague-Visby Rules Article IV R 6, 3
1 Cites

1 Citers


 
Practice Note (Admiralty: Caveat by Fax) Times, 08 February 1996
8 Feb 1996
QBD

Transport
Details of how to enter a caveat against release of vessel by fax.


 
 Milor SRL and Others v British Airways Plc; CA 15-Feb-1996 - Times, 15 February 1996; [1996] QB 702
 
Crown River Cruises Ltd v Kimbolton Fireworks Ltd and Another Times, 06 March 1996
6 Mar 1996
QBD

Transport, Nuisance
Damage caused to a permanently moored barge was actionable in private nuisance as if the barge was part of the land.

 
Owners of Cargo Lately Aboard the River Gurara v Nigerian National Shipping Line Times, 06 March 1996
6 Mar 1996
QBD

Transport
The Cargo limitation of liability restriction applies to separate items not to the container units as a whole.
Hague Rules 1922
1 Cites

1 Citers


 
Regina v Secretary of State for Transport Ex Parte Richmond Upon Thames London Borough Council and Others Gazette, 17 April 1996; Times, 21 March 1996
21 Mar 1996
QBD

Transport, Environment
An order restricting the number of night flights but without apportioning those numbers between different categories was valid.
Civil Aviation Act 1982

 
Sameon Co Sa v Nv Petrofina SA and Another (The World Hitachi Zosen) Times, 08 April 1996
8 Apr 1996
QBD
Justice Langley
Transport, Jurisdiction
An express contractual term will be required to displace the Convention rules on domicile. The standard wording in charterparty contracts is insufficient to do this. The word "adjusted" by itself would normally be taken to refer to the process of assessment of general average contributions; more explicit wording would be needed to create a binding agreement as to the place of payment. Consequently, the wording of the clause was not sufficiently specific to bring the contract within article 5(1) or article 17 of the Brussels Convention, thereby enabling the general rule conferring jurisdiction on the courts of the defendants' country of domicile to be ousted.
1968 Brussels Convention 5(1) 17 - Civil Jurisdiction and Judgments Act 1982

 
The Owners And/Or Demise Charterers of The Ship or Vessel 'Mahkutai' (Indonesian Flag) v The Owners of Lately Laden On Board The Ship or Vessel 'Mahkutai' (Indonesian Flag) Co [1996] UKPC 71
22 Apr 1996
PC

Commonwealth, Transport
(Hong Kong)
[ Bailii ]
 
The Mahkutai Times, 24 April 1996; [1996] AC 650; [1996] 3 WLR 1
24 Apr 1996
PC
Lord Goff of Chieveley
Transport, Commonwealth, Jurisdiction, Contract, Arbitration
(Hong Kong) The question was whether shipowners, who were not parties to the bill of lading contract between the charterers and carriers on the one part, and the cargo-owners, the bill of lading being a charterer's bill, could enforce against the cargo-owners an exclusive jurisdiction clause contained in that contract. Held: Ship owners may not rely on an exclusive jurisdiction clause in a charterer's contract. They could not because the Himalaya clause in the bill of lading, which extended the benefit of all "exceptions, limitations, provision, conditions and liberties herein benefiting the carrier" to "servants, agents and subcontractors of the carrier" did not include the exclusive jurisdiction clause because an exclusive jurisdiction clause is a mutual agreement and does not benefit only one party. Rather the rights conferred entail correlative obligations. A contract (and in particular a Himalaya clause) must be construed to give commercial effect if possible.
1 Cites

1 Citers


 
Republic of India v India Steamship Co Ltd (Indian Endurance and Grace (No 2) Times, 01 May 1996
1 May 1996
CA

Transport
An action against ship in rem prevents a personal action against the owner; there would be a risk of double jeopardy.
Civil Jurisdiction and Judgments Act 1982 34
1 Citers


 
Caspian Basin Specialised Emergency Salvage Administration and Another v Bouyges Offshore SA (No 2) [1997] 2 Lloyd's Rep 485; [1997] ILPr 472
10 May 1996
ComC
Morison J
Transport, Jurisdiction, Contract
ComC Towage contract – anti-suit injunction – jurisdiction clause

 
Centro Latino Americano De Commercio Exterior Sa v Owners of Ship Kommunar No 1 Times, 09 July 1996
9 Jul 1996
QBD

Transport
Claim to repay sums paid to sub-agents selling goods to ship is an Admiralty claim.


 
 Atkins v Wrekin District Council and Another; ECJ 11-Jul-1996 - Times, 02 August 1996; C-228/94; [1996] EUECJ C-228/94
 
Internationale Nederlanden Aviation Lease Bv and Others v Civil Aviation Authority Times, 15 August 1996
15 Aug 1996
QBD

Transport
The Convention can no longer apply once the proceedings had been properly discontinued.
Brussels Convention 1968 21/22

 
David Lawrence Headon Owen Barbara Nesta Owen v Secretary of State for Transport [1996] EWCA Civ 712
14 Oct 1996
CA

Land, Damages, Transport

Highways Act 1980
1 Cites

1 Citers

[ Bailii ]
 
Bouygues Offshore SA v Caspian Shipping Company and others [1996] EWCA Civ 761
18 Oct 1996
CA

Transport

[ Bailii ]

 
 Sidhu and Others v British Airways Plc; Abnett (Known as Sykes) v Same; HL 13-Dec-1996 - Gazette, 15 January 1997; Times, 13 December 1996; [1996] UKHL 5; [1997] AC 431; [1997] All ER 193; [1997] 2 WLR 26,
 
Ali Shipping Corporation v Sour Brodogradevna Industrija 'Jozo Lozovina-Mosor [1996] EWCA Civ 1258
19 Dec 1996
CA

Transport

1 Cites

1 Citers

[ Bailii ]
 
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