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In LMLN 747 - 02 July 2008
CASES - ENGLAND
Charterparty – Shelltime 4 form – Whether charterers obliged to nominate delivery port prior to cancelling date – Time for making nomination – Whether charterers bound to make nomination even though futile
Mansel Oil Ltd and Anr v Troon Storage Tankers SA (The “Ailsa Craig”) – QBD (Com Ct) (Christopher Clarke J) – 9 June 2008
Contract – Port handling charges – Agreement between port operator and Ro-Ro ferry operator for handling “Units” at port of Ipswich – Clause providing for minimum annual throughput of “Units” – Meaning of term “Unit” – Whether clause a penalty – Whether ferry operator in repudiatory breach – Principles on which damages to be awarded – Guarantee – Port operator entering into separate agreement with third party – Whether agreement guarantee or indemnity – Whether guarantee rendered unenforceable
Associated British Ports v Ferryways NV and Anr – QBD (Com Ct) (Field J) – 13 June 2008
Sale of ship – Norwegian Sale Form – Payment of purchase price – Sellers nominating bank in Singapore for payment of 10% deposit and nominating bank in Greece for payment of balance of price – Buyers paying deposit in Singapore but refusing to pay price in Greece – Whether entire price payable in Singapore – Whether 10% of price could be paid in Singapore – Whether buyers entitled to rectify MOA to reflect Recap email – Whether payment in Greece was condition of contract – Whether sellers validly rescinded contract
PT Berlian Laju Tanker TBK and Anr v Nuse Shipping Ltd (The “Aktor”) – QBD (Com Ct) (Christopher Clarke J) – 16 June 2008
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