
Case Summaries
Golden Endurance Shipping SA v RMA Watanya SA & Ors [2016]
“Where bills of lading were subject to English law and applied the Hague Rules, Owners sought but failed to obtain a declaration that "suit" in Article III rule 6 meant "suit in a jurisdiction applying the Hague Rules" such that proceedings by cargo interests at the place of delivery, Morocco (which applies the Hamburg Rules), did not interrupt the time bar.”
Fiona Trust & Holding Corporation v Privalov & Ors [2016]
“A defendant found in the substantive proceedings to have been dishonest could nevertheless claim damages if a freezing order was wrongly obtained against him, and he has suffered loss through his funds being unavailable to him fora long period.”
L v A [2016]
“An Owner entitled to an indemnity from the Charterer was entitled to an immediate monetary payment, even when the judgment against which the indemnity was sought had an appeal pending.”
Connect Shipping Inc & Anor v Sveriges Anfgartygs Assurans Forening (The Swedish Club) & Ors [2016]
“A Notice of Abandonment issued by Owners to Insurers several months following a vessel's casualty was held to be effective, and Owners were therefore able to succeed in showing that the vessel was a complete total loss.”
Imperator I Maritime Company v Bunge SA [2016]
“In a case of underperformance due to a prolonged stay in tropical waters, it is not a defence for owners to say that underperformance resulted from compliance with charterers' orders, unless the cause was a risk which owners had not assumed in the contract.”
FSL-9 PTE Ltd & An or v Norwegian Hull Club [2016]
“In an LOU dispute between Owners and Charterers' P&I Club, the LOU's use of the words "liberty to apply" did not mean undersecured Owners could apply to the Court for an increase in the amount of the LOU. Any right to enforce an increase in the amount of security lay against Charterers and not against the P&I Club directly, and in the event security was inadequate, Owners were not prevented from arresting Charterers' assets.”