Article 8 Positive obligations Article 8-1 Respect for family life Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently: violation Facts – The applicant is an Italian national whose partner (the first applicant in the case of Povse v. Austria*) removed their daughter from Italy, where the family lived, to Austria in … Continue reading MA v Austria: ECHR 15 Jan 2015
Under a classic FOB contract, a seller places the goods on board the ship, and procures a bill of lading in terms usual in the trade. The buyer nominates the shipper and bears all the expenses associated with the vessel including port charges, freight, customs duties, storage and arrivals charges. However, the parties to the … Continue reading Pyrene v Scindia Navigation Co: QBD 1954
A cargo of oil had been carried under bills of lading incorporating the Hague-Visby Rules. There was an alleged theft of part of the cargo, and the question was whether article III rule 6 of the rules barred the claim on the ground that it had not been brought within one year. Held: The court … Continue reading The Captain Gregos: CA 1990
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it in the way promised. The company failed. At first instance the judge … Continue reading Hamilton and others v Allied Domecq Plc (Scotland): HL 11 Jul 2007
An agreement transferring responsibility for loading, stowage and discharge of cargo from the shipowners to shippers, charterers and consignees is not invalidated by article III, r. 8. Lord Somervell of Harrow said as to Art III r2: ‘It is, in my opinion, directed and only directed to the manner in which the obligations undertaken are … Continue reading GH Renton and Co Ltd v Palmyra Trading Corporation of Panama: HL 1957
The fob contract has become a flexible instrument and it does not necessarily follow that the buyer is an original party to the contract of carriage. The effect of article III, r. 2 of the Hague-Visby Rules was not to override freedom of contract to reallocate responsibility for the functions described in that rule: ‘The … Continue reading Pyrene Co Ltd v Scindia Navigation Co Ltd: QBD 1954
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003
Unreasonable Behaviour must reach criteria W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H. Held: W’s appeal failed. ‘What the … Continue reading Owens v Owens: CA 24 Mar 2017
Proper Limits on Imprisonment The court discussed the proper limits of imprisonment: ‘despite the deprivation of his general liberty, a prisoner remains invested with residuary rights appertaining to the nature and conduct of his incarceration . . An essential characteristic of the right of a subject is that it carries with it a right of … Continue reading Regina v Board of Visitors of Hull Prison, Ex parte St Germain (No 2): CA 1979
The House was asked whether a disciplinary decision by a governor was amenable to judicial review. Held: The functions of a governor adjudicating upon disciplinary charges are separate and distinct from his functions in running the prison; they are subject to the supervision of the courts in their compliance with the rules of natural justice. … Continue reading Leech v Governor of Parkhurst Prison: HL 1988
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia but who, not having been married to the mother, had at that time … Continue reading In re J (a Minor) (Abduction: Custody rights): HL 1 Jul 1990
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
The court considered the limitation on a shipowner’s liability, and how this had been implemented by Belgium. Held: Given the absence of any evidence as to how Belgium had implemented the Hague Visby Rules, the court went on the basis that it was similar to the way it had been implemented in the UK. The … Continue reading Yemgas Fzco and Others v Superior Pescadores Sa: CA 24 Feb 2016
The mother and father were orthodox Jews. The mother brought the children to England from Israel against the father’s wishes. She said that he had acquiesced in their staying here by asking for them to be returned to Israel temporarily. The father responded that he had acted only to follow the edicts of the Beth … Continue reading Re H, H v H (Child Abduction: Acquiescence): HL 10 Apr 1997
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004
References: [2004] FCAFC 202, [2004] 2 Lloyd’s Rep 537 Links: Austilii Coram: Black, Beaumont, Allsop JJ (Federal Court of Australia) ADMIRALTY AND MARITIME LAW – carriage of goods by sea – Hague-Visby Rules – Australian COGSA Art 3 Rules 3, 4 and 8 – method for assessing value of cargo – where no ‘commodity exchange … Continue reading El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA; 10 Aug 2004
References: [1961] AC 807 Coram: Lord Radcliffe, Viscount Simonds Persons employed by a carrier in the work of keeping or making a vessel seaworthy are the carrier’s agents whose diligence or lack of it is attributable to the carrier. A shipowner’s or carrier’s duty under Article III, Rule 1 would not start and he would … Continue reading Riverstone Meat Co Pty Ltd v Lancashire Shipping Co (‘The Muncaster Castle’): HL 1961
