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: 2001 To: 2001
This page lists 44 cases, and was prepared on 02 April 2018.
The Sitarem [2001] 2 Lloyd's Rep 107
2001
Transport
The court considered the use of plots in cases involving collisions at sea. A plot shows what might have happened not what did happen.
1 Citers
Voaden v Champion, "The Baltic Surveyor" [2001] 1 Lloyd's Rep 739
2001
Colman J
Transport
1 Citers
Biggin Hill Airport Ltd v Bromley London Borough Council Gazette, 18 January 2001; Times, 09 January 2001
9 Jan 2001
ChD
Human Rights, Transport, Landlord and Tenant
Applicants sought the right to fly from the airport. Local residents sought to intervene on the basis that if the lease controlling such rights was construed in such a way as to allow such an extension, this would interfere with their human rights. The lease had to be construed against the factual background as at the time it was entered into, and the Act could not affect that interpretation, and there was no basis for implying any such term into the lease. The local authority was not acting unlawfully in granting a declaration in the terms it proposed.
Human Rights Act 1998
The Owners And/Or Demise Charterer Of The Ship Or Vessel 'Starsin' v The Owners Of The Cargo Lately Laden Aboard The Ship Or Vessel 'Starsin' [2001] 1 Lloyd's Rep 437; [2001] EWCA Civ 56
23 Jan 2001
CA
Transport, Contract
1 Cites
1 Citers
[ Bailii ]
Zenziper Grains and Feed Stuffs v Bulk Trading Corporation Ltd Times, 23 January 2001; [2000] EWCA Civ 307
23 Jan 2001
CA
Contract, Commercial, Transport
Where a standard form free-on-truck (FOT) delivery contract provided for several possible destinations for delivery, the responsibility for specifying the place of delivery fell on the seller. There was no proper analogy with an FOB contract. The vessel would be chartered by the seller, and delivered to a port agreed between the seller and the ship-owner, and the characteristics of the ship itself could restrict and control the port of delivery. There would be likely to be other goods consigned also, and it would not make commercial sense for the buyer to specify the port of delivery.
[ Bailii ]
Andrea Merzario Ltd v Internationale Spedition Leitner Gesellschaft Gmbh; CA 23-Jan-2001 - [2001] EWCA Civ 61; [2001] 1 All ER (Comm) 883; [2001] CLC 643; [2002] ILPr 26; [2001] 1 Lloyd's Rep 490
Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd and Others; HL 23-Jan-2001 - Times, 23 January 2001; [2001] 1 All ER 743; [2001] 2 WLR 170; [2001] UKHL 1; [2003] AC 469
Glencore Grain Ltd v Flacker Shipping Ltd; QBD 25-Jan-2001 - Times, 22 February 2001; [2001] EWHC 503 (Comm); [2001] 1 Lloyds Rep 754
Losinjska Plovidba Brodarstovo Dd v Valfracht Maritime Co Ltd (the Lipa) [2001] EWHC 541 (Comm)
2 Feb 2001
ComC
Andrew Smith J
Arbitration, Transport
Point of construction of a charterparty on the Baltime form (box layout) with additional clauses.
[ Bailii ]
Railtrack Plc v Smallwood; QBD 16-Feb-2001 - Times, 16 February 2001; Gazette, 01 March 2001; [2001] ICR 714
Santos v Baltic Carrier, Owners And/Or Demise Charterers [2001] EWHC 500 (Admlty)
21 Feb 2001
AdCt
Transport
[ Bailii ]
Ribble Motor Services Ltd v Traffic Commission For The North Western Travel Area Times, 08 March 2001; [2001] EWCA Civ 267
23 Feb 2001
CA
Transport, Licensing, Road Traffic
When looking at whether the bus operator had delivered the bus timetable standards as required, the Commission need not consider every occasion of excuse, but could consider that the general margin of 12 minutes on timetables included everyday occurrences. If no expert evidence was put before it to say otherwise, the Commission could also consider that it was appropriate to look for 95% achievement of the targets.
Transport Act 1985 6
[ Bailii ]
Motis Exports Ltd v Dampskibsselskabet Af 1912 Aktieselskab and Another [2001] EWHC 500 (Admlty)
28 Feb 2001
AdCt
Transport
[ Bailii ]
Interlink Express Parcels Ltd v Night Trunkers Ltd and Another Times, 22 March 2001; Gazette, 17 May 2001; [2001] EWCA Civ 360
14 Mar 2001
CA
Road Traffic, Transport, Employment
Where the issue was whether a temporary worker was to be deemed to be an employee (in this case for licensing purposes) of the main contractor, the proper test was the degree of control exercised by the deemed employer. The purpose of the section was to ensure that responsibility for the operation of a vehicle was known. This was a context of tort, rather than of contract.
Goods Vehicles (Licensing of Operators) Act 1995
[ Bailii ]
Regina v Secretary of State for the Home Department, Ex Parte Balbo B and C Auto Transporti Internazionali Gazette, 11 May 2001; Times, 22 March 2001; [2001] EWHC Admin 195
22 Mar 2001
Admn
Judicial Review, Immigration, Transport
Where a notice of liability was served on a transport operator with regard to his responsibility for transporting illegal immigrants into the country, and he wished to challenge it, the proper approach was to allow the notice to expire, and then to defend any proceedings brought. Given that way of dealing with it, it was not appropriate to challenge the notice itself by way of judicial review. The form of notice issued after review did not refer to the Secretary of State's need to pursue his remedy through the courts. This was unfortunate, but if it were true, it would make him judge and jury in his own cause.
Immigration and Asylum Act 1999 34
[ Bailii ]
Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others; HL 27-Mar-2001 - Times, 27 March 2001; Gazette, 17 May 2001; [2001] UKHL 17; [2001] 2 All ER 193; [2002] 2 AC 205
Aktielselskabet Dampskibsselskabel Svendborg and Another v Mobil North Seal Ltd and others [2001] EWHC 518 (Comm)
28 Mar 2001
ComC
David Steel J
Contract, Transport
Dispute on termination of charterparty agreement.
[ Bailii ]
Environment Agency (Thames Region) v John Bushnell Ltd [2001] EWCA Civ 517
28 Mar 2001
CA
Simon Brown LJ VP CA, Mance LJ
Transport, Land
Appeal from a judgment against the defendants/appellants for £3,842.36 plus interest and costs. It raises some interesting points under the Thames Conservancy Act 1932 and under express or implied licence arrangements (known as "accommodation licences") made between the parties.
Thames Conservancy Act 1932
[ Bailii ]
Seahawk Marine Foods Limited v Southampton Port Health Authority Times, 08 June 2001; [2001] EWHC Admin 246
5 Apr 2001
Admn
Transport, Consumer
The authority refused to allow disembarkment of a cargo of shrimp. It's risk assessment was based on failures by the cargo processor, but which failures did not create any risk to public health. The court held that the rejection could be challenged as unreasonable. In this case the rejection followed a risk assessment which disclosed no threat to public health, and the rejection of the cargo was unreasonable.
1 Cites
1 Citers
[ Bailii ]
Regina (Jet Services Ltd) v Civil Aviation Authority; CA 1-May-2001 - Times, 15 May 2001; Gazette, 14 June 2001; [2001] EWCA Civ 610; [2001] 2 All ER (Comm) 769; [2001] All ER (D) 08
Elf Oil UK Ltd and Another v Besktas Denizcilik Ve Tasimacilik Sanayi Ve Ticaret As and others [2001] EWCA Civ 822
17 May 2001
CA
Transport
Renewed application for permission to appeal - damage to cargo
[ Bailii ]
Morris v KLM Royal Dutch Airlines; CA 17-May-2001 - Times, 15 June 2001; Gazette, 21 June 2001; [2001] EWCA Civ 790; [2001] 3 WLR 351; [2001] 3 All ER 126; [2002] QB 100; [2001] CLC 1460; [2001] 2 All ER (Comm) 153
Todd and Others v Adams and Another Times, 20 August 2001
5 Jun 2001
QBD
Aikens J
Personal Injury, Transport
The claimants were the relatives of fishermen who had died at sea when their vessel capsized. They alleged that the ship filed to meet the statutory criteria for stability, and that the defendants were negligent and in breach of statutory duty to them. The court held that the statute and regulations provided clear remedies by way of fines and registration and certification. There was no provision for creating any civil liability toward the claimants, and the claim failed.
Fishing Vessels (Safety Provisions) Rules 1975 (1975 No 333) - Fishing Vessels (Safety Provisions) Act 1970 - Merchant Shipping Act 1995 121
Demand Shipping Co Ltd [2001] EWHC Commercial 403
26 Jun 2001
ComC
Insurance, Transport
[ Bailii ]
Schiffahrtsgesellschaft Ms Merkur Sky Mbh and Co Kg v Ms Leerort Nth Schiffahrts Gmbh and Co Kg [2001] EWCA Civ 1055; [2001] 2 Lloyd's Rep 291; [2001] 2 LLR 291
27 Jun 2001
CA
Lord Phillips MR, Henry LJ, Brooke LJ
Transport
[ Bailii ]
Biggin Hill Airport Ltd v Bromley London Borough Council Times, 13 August 2001; Gazette, 31 August 2001; [2001] EWCA Civ 1089
11 Jul 2001
CA
Pill LJ, Arden J, Dyson LJ
Landlord and Tenant, Transport, Contract
A lease of an airport included a restriction to limit use to 'business aviation'. The landlord argued that this had a special meaning in the industry so as to exclude use by chartered and scheduled services. The judge had been correct to say that no such special meaning existed, but had been wrong to interpret that phrase without looking to the factual background. Applying those facts, the use was to be interpreted so as to allow use of aircraft, including chartered aircraft, for business purposes, as within the context of the business of the aircraft owner or charterer for business purposes, but so as to exclude offering transport to members of the public for reward save in an incidental way. The phrase 'other uses related to an airport or related to aviation' did not permit other flying activities.
[ Bailii ]
Disley v Levine (T/a Airtrak Levine Paragliding) Times, 29 August 2001; Gazette, 31 August 2001; [2001] EWCA Civ 1087; [2002] 1 WLR 785
11 Jul 2001
CA
Henry LJ
Transport, Personal Injury, Limitation
The claimant sought damages from her instructor, after being injured as a passenger trainee pilot of a paraglider. He responded that she was out of time, since the regulations applied. His appeal was refused. The system of regulation did not mention or encompass paragliders. No certificate of air-worthiness or air operator's certificate was required. The objective of the flight was instruction, not passage.
Carriage by Air Acts (Application of Provisions) Order 1967 No 480 - Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929 - Civil Aviation Act 1982
1 Cites
1 Citers
[ Bailii ]
Regina (Channel Tunnel Group Ltd and Another) v Secretary of State for Environment Transport and the Regions Times, 07 August 2001
23 Jul 2001
CA
Gibson LJ, Law LJ, Nourse Sir
Transport, International
The Secretary had imposed requirements on the Channel Tunnel operators for security and defence in the tunnel. The company argued that such a requirement must be the product of consultation between the signatory governments. The Secretary argued that it was enough that the government of France had not dissented. Held: The Treaty clearly required consultation before the making of a joint order, and in fact an order required the positive agreement of both governments. There is a clear difference between the absence of disagreement, and the presence of assent.
Channel Tunnel Act 1987 11 - Treaty concerning the Construction and Operation by Private Concessionaires of a Channel Tunnel Fixed Link 1986
Regina v Secretary of State for the Environment, Transport and the Regions [2001] EWCA Civ 1185
23 Jul 2001
CA
Peter Gibson, Laws LJJ, Si Martin Nourse
Transport
[ Bailii ]
MSC Mediterranean Shipping Company Sa v The Owners of the Ship 'Tychy' [2001] EWCA Civ 1198
24 Jul 2001
CA
Lord Justice Jonathan Parker, Lord Mustill, Mr Lord Phillips
Transport
[ Bailii ]
Ipswich Borough Council v Moore and Another Times, 25 October 2001; [2001] EWCA (Civ) 1273
25 Jul 2001
CA
Lord Justice Peter Gibson, Lord Justice Chadwick and Lord Justice Kay
Local Government, Land, Transport
A statute in 1950 granted to the port authority powers, inter alia, to grant licences for moorings on the foreshore. These powers overrode the ancient Royal Charter which vested the foreshore in the local authority. Accordingly licences issued by the port authority were effective and binding as against the local authority.
Ipswich Docks Act 1950 12 - Charter of Henry VIII of 1518/19
1 Cites
1 Citers
Ipswich Borough Council v Moore and Another [2001] EWCA Civ 1273
25 Jul 2001
CA
Peter Gibson, Chadwick, Kay LJJ
Land, Transport
The court considered whether the Council, as owner of the foreshore was able to control licensing for the deep water moorings adjacent.
Ipswich Dock Act 1950
[ Bailii ]
Regina v London Underground Ltd and Another, ex parte Transport for London Times, 02 August 2001
30 Jul 2001
QBD
Sullivan J
Transport, Local Government
The Act gave the power to the government to override the policy of the Mayor of London and the Transport for London authority, and to enter into private partnerships for the management of the underground system by the private sector. Although the Mayor had an obligation to publish, review and implement a strategy for the management of the underground, and TFL had an obligation to run the Underground to a safe and adequate standard, it was for the Secretary of State, and not the Mayor to approve principles behind the contracts, and to direct that they be entered into.
Greater London Authority Act 1999 210
1 Cites
1 Citers
Owners and/or Demise Charterers of Mineral Dampier v Owners and/or Demise Charterers of Hanjin Madras [2001] EWCA Civ 1278
31 Jul 2001
CA
Transport
Two ships had collided and one had sunk. Upon approaching each other the ships had agreed a course which would put them in breach of the regulations. One ship even then failed to do what it had agreed to do. The judge's apportionment of responsibility at 80%/20% was correct.
Collision Regulations 15 16 17
[ Bailii ]
Hatton and Others v United Kingdom; ECHR 2-Oct-2001 - 36022/97; Times, 08 October 2001; [2001] ECHR 561; [2003] ECHR 338; (2003) 37 EHRR 611; [2001] ECHR 565; [2000] ECHR 709
Bowden and Others v Tuffnells Parcels Express Ltd Times, 15 October 2001; C-133/00; [2001] EUECJ C-133/00
4 Oct 2001
ECJ
M Wathelet, President of Chamber and Judges P. Jann and L. Sevon Advocate General A. Tizzano
Employment, Transport
The provisions of the Directive, which excluded from regulation the employment of transport workers, applied to office workers as well as to actual drivers. The phrases used by the Directive in disapplying the Directive to certain employment sectors, made a distinction between those employed in certain industries, and, in other cases, those with certain jobs. This was confirmed by the travaux preparatoires, responsible for drafting the exemption. The effect was to exempt the industries concerned whether or not the employee worked directly doing the tasks which defined that industry.
Council Directive 93/104/EC of November 23, 1993 concerning certain aspects of the organisation of working time (OJ 1993 L307 p18) Art 1(3) - Working Time Regulations 1998 (1998 No 1833)
[ Bailii ]
BP Exploration Operating Co Ltd v Chevron Transport (Scotland) Times, 19 October 2001; Gazette, 22 November 2001; [2001] UKHL 50; 2001 SLT 1394; 2002 SC (HL) 19; 2001 SCLR 1029; [2002] 1 All ER (Comm) 1; [2002] 1 LLR 77; 2001 GWD 33-1316; [2003] 1 AC 197; [2001] 3 WLR 949
18 Oct 2001
HL
Lord Slynn of Hadley Lord Hope of Craighead Lord Clyde Lord Hobhouse of Wood-borough Lord Millett
Limitation, Transport
A ship owned by the defenders caused substantial damage whilst moored at the claimant's docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was now time barred. Held: Subject to interruption, the limitation period continued to run whatever the cause of the delay. For the purposes of the 1847 Act, any charterer, including a bareboat charterer was not the 'owner' of a vessel.
Prescription and Limitation (Scotland) Act 1973 6(4) - Harbours, Docks and Piers Clauses Act 1847 74 - Zetland County Council Act 1974 4
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Vehicle Inspectorate v Sam Anderson (Newhouse) Ltd Times, 15 November 2001
19 Oct 2001
QBD
Lord Justice Pill and Mr Justice Poole
Transport
To rely upon the defence of having broken the seal unavoidably, the defendant had to prove that the breaking or removal of the tachograph seal could not have been avoided in itself. It was not enough to show the breaking of the seal could not have been avoided, and nor did the word 'avoid' mean the same as 'prevent'.
Transport Act 1968 97(4) - Community Recording Equipment Regulation (EC Regulation 3821/85) (OJ 1985 L370/8)
Commission v Greece C-460/00 C-460/00; [2001] EUECJ C-460/00
25 Oct 2001
ECJ
Transport
ECJ Failure by a Member State to fulfil its obligations - Directive 96/48/EC - Interoperability of the trans-European high-speed rail system
Directive 96/48/EC
[ Bailii ]
Cantabrica Coach Holdings Limited v Vehicle Inspectorate (on Appeal From a Divisional Court of the Queen's Bench Division); HL 22-Nov-2001 - Times, 28 November 2001; Gazette, 24 January 2002; [2001] UKHL 60; [2002] RTR 8; [2001] 1 WLR 2288; [2002] 1 All ER 595; (2002) 166 JPN 550; (2002) 166 JP 423
Coli Shipping (UK) Ltd v Andrea Merzario Ltd; CA 4-Dec-2001 - [2001] EWCA Civ 1872
International Transport Roth GmbH and Others v Secretary of State for the Home Department; QBD 5-Dec-2001 - Times, 11 December 2001; Gazette, 10 January 2002
Gunn and Another v AMF Aviation Enterprises Ltd and Another [2001] EWCA Civ 1962
7 Dec 2001
CA
Dyson LJ
Contract, Transport
[ Bailii ]
Stolt Tankers Inc v Landmark Chemicals SA Times, 05 February 2002
21 Dec 2001
QBD
Justice Andrew Smith
Transport
The ship arrived at port to discharge part of the cargo, but the port was congested. The ship owners went to another port to discharge other cargo, and returned later. The ship could not have been berthed in the interim period. An arbitration awarded to the ship owners for demurrage by the charterers, was appealed. Held the ship owner could not claim demurrage for the time when the ship was engaged on activities for other co-charterers even though she had not lost her turn at the port..