swarb.co.uk - law index
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: 1999 To: 1999
This page lists 37 cases, and was prepared on 02 April 2018.
Weaver v Delta Airlines Inc 56 F Supp 2d 1190 (1999)
1999
Transport, Damages
1 Citers
The Pelopidas [1999] 2 Lloyd's Rep 675
1999
Transport
The use in court of plots of ship courses was to be only with care.
1 Citers
Compagnie Commercial Andre S A v Artibell Shipping Company Limited and the Governor and Company of the Bank of Scotland [1999] ScotCS 2
7 Jan 1999
SCS
Lord MacFadyen
Scotland, Transport, Jurisdiction
The pursuers employed the defenders to carry sugar across Iraq. The voyage had been abandoned. The defenders challenged the proceedings as to jurisdiction and otherwise.
1 Citers
[ Bailii ] - [ ScotC ]
Allen Edward Brannan v Airtours Plc Times, 01 February 1999; [1999] EWCA Civ 588
18 Jan 1999
CA
Auld, Ward LJJ
Personal Injury, Transport
The judge at first instance had set the level of contributory negligence too high. He looked at the defendant's apparent folly rather than looking to the defendant's folly in exposing the defendant to the risk, and promoting that folly by providing free drinks.
Law Reform (Contributory Negligence) Act 1945
1 Citers
[ Bailii ]
Motis Exports Ltd v Dampskibsselskabet Af 1912, Aktieselskab and Another Times, 31 March 1999; [1999] 1 Lloyds Rep 837; [1999] CLC 914; [1999] 1 All ER (Comm) 571
1 Mar 1999
ComC
Commercial, Transport
Where goods were supposed only to be handed over by a shipper on receipt of a valid bill of lading, but were instead handed over for fraudulent bill, the shipper remained liable to the owners.
ComC Defendant shipowners issued delivery orders in respect of goods stored on land after discharge from the ship, against presentation of forged bills of lading. Held: That the shipowners were liable to the time owners of the cargo even on the assumption that they were not negligent in being deceived by the forgeries, and despite a bill of lading clause which exempted them from any "liability whatsoever for any loss or damage to the goods which links actual or constructive possession ..... after discharge". Held also, that there would be no defence in contract or conversion based on the non-negligent acceptance of forged bills of lading as being genuine.
1 Citers
Regina v Civil Aviation Authority ex parte Jonathan Andrew Edwards [1999] EWHC Admin 203
5 Mar 1999
Admn
Transport, Licensing
Application to judicially review a decision not to renew the claimant air pilot's medical certificate.
[ Bailii ]
Transocean Liners Reederei GMBH v Euxine Shipping Company Ltd [1999] 1 All ER (Comm); [1999] 1 Lloyd's Rep 848; [1999] CLC 928
9 Mar 1999
ComC
Langley J
Transport
ComC Responsibility of owners/charterers for cargo lost through head storage/unseaworthiness. Clause excluding liability for damage to check cargo. Terms of NYPE charterparty.
Alliance Against Birmingham Northern Relief Road Charles Bradshaw Smith Jack Stuart Barbara Langford Alan Vaughton Malcolm Dunn Lilly Jones v Secretary of State for Environment, Transport and Regions Midland Expressway Limited [1999] EWCA Civ 1058
23 Mar 1999
CA
Planning, Transport
[ Bailii ]
Regina v Secretary of State for Environment, Transport and the Regions and Heathrow Airport Limited ex parte Brian Scott and others [1999] EWHC Admin 280
30 Mar 1999
Admn
Transport, Costs
1 Cites
[ Bailii ]
Regina v Secretary of State for Environment, Transport and the Regions and Heathrow Airport Limited ex parte Brian Scott and others; Admn 30-Mar-1999 - [1999] EWHC Admin 281
MSC Mediterranean Shipping Co Sa v Polish Ocean Lines (The Tychy); CA 31-Mar-1999 - Times, 30 April 1999; Gazette, 06 May 1999; [1999] EWCA Civ 1150
Regina v Secretary of State for Environment Transport and Regions ex parte International Air Transport Association; Admn 21-Apr-1999 - [1999] EWHC Admin 332
Ciola v Land Vorarlberg C-224/97; [1999] EUECJ C-224/97
29 Apr 1999
ECJ
Transport
(Judgment) Free movement of services - Restriction - Moorings - Restriction for boat-owners resident in another Member State
[ Bailii ]
Landcatch Limited v The Braer Corporation and Trevor Williams and Anthony Jones and Michael S Hudner and Assurance foreningen Skuld and the International Oil Pollution Compensation Fund Times, 14 June 1999; [1999] ScotCS 117; [1999] 2 Lloyd's LR 316
19 May 1999
IHCS
Lord Justice Clerk and Lord Cowie and Lord McCluskey
Environment, Scotland, Transport
The pursuers raised freshwater salmon (smolt) to the age of two before selling them on. An oil spill prevented them trading. They appealed a refusal of damages on the baiss that this was pure relational economic loss. Held: The appeal failed. Losses which arose following an environmental accident but which were related to particularly advantageous market conditions but for a prospective contract only were properly secondary economic losses and not recoverable under the Act. No distinction was drawn between the smolt that were sold for less than expected and those which were culled.
Merchant Shipping (Oil Pollution) Act 1971 5(3)
1 Cites
1 Citers
[ Bailii ] - [ ScotC ]
Overseas Medical Supplies Limited v Orient Transport Services Limited; CA 20-May-1999 - [1999] EWCA Civ 1449; [1999] 2 Lloyd's Rep 273
Whistler International Ltd v Kawasaki Kisen Kaisha Ltd; Kawasaki Kisen Kaisha Ltd v Tokai Shipping Co Ltd of Tokyo Times, 25 May 1999; Gazette, 09 June 1999
25 May 1999
CA
Transport
In a time charterparty, the charterer was free to determine the orders, but not the orders as to navigation. The ship's master was solely responsible for its safety, and so retained entire discretion as to the navigation route.
1 Cites
1 Citers
Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association; QBD 3-Jun-1999 - Times, 03 June 1999; [1999] EWHC Admin 333; [1999] COD 315; [2000] 1 Lloyds Rep 242; [1999] Eu LR 811; [1999] 2 CMLR 1385
Melvin International SA v Poseidon Schiffahrt GmbH [1999] 2 All ER (Comm) 761; [1999] 2 Lloyd's Rep 374; [1999] CLC 1398
18 Jun 1999
ComC
Cresswell J
Banking, Transport
ComC Guarantee - guarantor not exempted from liability "...by any variation in the terms of the ...2 underlying charterparty - whether addenda to charterparty a "variation" - the relevant legal principles - the general purview of the guarantee.
1 Cites
1 Citers
Regina v Civil Aviation Authority ex parte Kirk [1999] EWHC Admin 573
21 Jun 1999
Admn
Transport, Licensing
Application for permission to apply for judicial review of the decision of the respondent Authority to suspend the applicant's private pilot licence following his conviction of an offence which involved, as it was alleged, low flying.
[ Bailii ]
S C Rolinary Sea Star v The Owners and/or demise charters of the ship "BUMBESTI" [2000] QB 559; [2000] 2 WLR 533; [2000] 2 All ER 692; [1999] 2 All ER (Comm) 187; [1999] 2 Lloyd's Rep. 481; [1999] CLC 1413; Times, 12 July 1999
22 Jun 1999
ComC
Aikens J
Transport
Application to set aside proceedings in rem and to release ship from arrest. Two grounds put forward. (1) The claim, which was to enforce a Romanian arbitration award, was not one that fell within the Admiralty jurisdiction of the Court and so no action in rem could be brought at all; (2) the arrest was an abuse of the process of the Court because the claimants already had adequate security for their claim as two ships had been detained at Constantza to secure the sum awarded by the Romanian arbitration awards. On Issue (1): Held that the only paragraph relied on to found jurisdiction was section 20(1)(h) of the SCA 1981. On the proper construction of that paragraph it did not extend to a claim to enforce an arbitration award. The decision of Sheen J in The Saint Anna [1983] 1 WLR 895 not followed; The Beldis [1936] P 51 (CA) applied. On Issue (2): Held, on the facts, that the security provided by the detention of the two ships in Constantza was adequate security for the arbitration award. Therefore the arrest of the "BUMBESTI" was an abuse of the process of the Court and the vessel would be released from arrest. Leave to appeal application adjourned.
Re The Bumbesti [1999] CLC 1413; [1999] EWHC B6 (Admlty); [1999] 2 All ER (Comm) 187; [2000] QB 559; [2000] 2 WLR 533; [1999] 2 Lloyd's Rep 481; [2000] 2 All ER 692
22 Jun 1999
AdCt
Aikens j
Transport
Application was made for the setting aside of the instant proceedings and for the immediate release of the ship 'Bumbesti'. The owners said that the arrest was an abuse of process because first provision had already been made for adequate security for the sums claimed, and now also that jurisdiction in rem was denied.
[ Bailii ]
Regina v Airport Co-Ordination Limited ex parte Aravco Limited; Dravidian Air Services Limited; Falcon Jet Centre Limited; Gama Aviation Limited; Heathrow Jet Charter Limited; Metro Business Aviation Limited and Siebe Plc [1999] EWCA Civ 1660; [1999] EuLR 939
23 Jun 1999
CA
Transport
1 Cites
1 Citers
[ Bailii ]
Owners of Ship Enif and Owners of Ship Alexia [1999] EWCA Civ 1674
24 Jun 1999
CA
Transport
[ Bailii ]
Turiddu Rafael Luis Cil and others Fifteenth and Pedro P Espinosa Hernandez and others and Guincho Crewing Agency v Owners of Ship Turiddu and First National Bank of Maryla [1999] EWCA Civ 1705
29 Jun 1999
CA
Transport
[ Bailii ]
Orinoco Navigation Ltd v Ecotrade SpA "THE IKARIADA" [1999] 2 All ER (Comm) 257; [1999] 2 Lloyd's Rep 365; [1999] CLC 1713
2 Jul 1999
ComC
Cresswell J
Transport
Trial of preliminary issues. Voyages charterparty (Amended Gencon form) - "The captain to sign Bills of Lading as presented" - Blank for date of charterparty on front of Bill of lading (Congenbill form) not filed in - The propriety of the bill - Applicable Law - whether defendants in breach of any express or implied term of the charterparty - whether the defendants under an obligation to indemnify the claimants.
Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another; HL 8-Jul-1999 - Times, 26 October 1999; Gazette, 03 November 1999; [1999] UKHL 34; [1999] 4 All ER 761; [1999] 1 1907
The Turiddu Times, 08 July 1999
8 Jul 1999
CA
Transport
Where a foreign crew of a ship, not paid their wages by their employer, had the right to request payment by an agent to nominated accounts in their home country, their right of maritime lien over the ship remained intact to the extent of that right.
Merchant Shipping Act
Insurance Company Ingosstrakh Limited and others v Latvian Shipping Company [1999] EWCA Civ 1830
14 Jul 1999
CA
Transport
[ Bailii ]
Regina v Civil Aviation Authority ex parte Jonathan Andrew Edwards [1999] EWCA Civ 1898
20 Jul 1999
CA
Transport, Licensing
Renewed application for judicial review of a decision of the Civil Aviation Authority to revoke the applicant's medical certificate, the claimant contending that the CAA "have breached its duty to act fairly when considering whether to reinstate his medical certificate as an airline pilot".
Air Navigation (No.2) Order 1995 - Civil Aviation Act 1982
[ Bailii ]
Western Digital Corporation and others v British Airways plc; QBD 23-Jul-1999 - Times, 23 July 1999
Regina v Hillingdon London Borough Council ex parte London Regional Transport [1999] EWCA Civ 2014
29 Jul 1999
CA
Beldam LJ, Brooke LJ, Robert Walker LJ
Transport
Application for certiorari to quash decision to revoke permissions to install bus shelters.
London Passenger Transport Act 1934
[ Bailii ]
Seabridge v AC Orssleffs A/S [2000] 1 All ER (Comm) 415; [1999] 2 Lloyd's Rep 685; [2000] CLC 656
9 Aug 1999
ComC
Thomas J
Arbitration, Transport
Whether clause paramount incorporated in Hague Rules or Hague Visby Rules. Whether appointment of arbitrator complied with s. 14 of the Arbitration Act 1996 - whether s. 14 of the Act is an exclusive code.
Seabridge Ab v A C Orssleff's Eftf's A/S [1999] EWHC 276 (QB); [2000] 1 All ER (Comm) 415; [2000] CLC 656; [1999] 2 Lloyd's Rep 685
9 Aug 1999
QBD
Thomas J
Transport, Arbitration
[ Bailii ]
Dramgate Ltd v Tyne Dock Engineering Ltd and others [1999] ScotCS 230
1 Oct 1999
SCS
Scotland, Transport
1 Cites
[ Bailii ]
In Re M/V Derbyshire Times, 28 October 1999
28 Oct 1999
QBD
Transport
The hearing which is to take place after an order for a re-hearing made under the Act, is a complete re-hearing of the whole case, including all matters defined under the Acts, and is not to be restricted to dealing only with the issues surrounding the casualties.
Merchant Shipping Act 1970 - Merchant Shipping Act 1995
Groupama Navigation Et Transports v Catatumbo Ca Seguros [1999] EWHC 845 (Comm)
4 Nov 1999
ComC
David Steel J
Insurance, Transport
[ Bailii ]
Regina v Whitehouse; CACD 10-Dec-1999 - Times, 10 December 1999; Gazette, 07 January 2000
