Rosen v easyJet Airline Company Ltd – Croydon County Court (District Judge Major) – 5 January 2012

Carriage of passengers by air – European Law – Flight from Portugal to London cancelled following eruption of Icelandic volcano – Airline offering claimant alternative flight but claimant electing to return home by hired car – Whether claimant entitled to compensation or relief under EU Regulation 261/2004

(2012) 839 LMLN 1

Air Transport

The Dolphina – High Court of Singapore (Belinda Ang Saw Ean J) – 30 December 2011

Carriage of goods by sea – Title to sue – Shipowners delivering cargo without production of original bills of lading – Whether claimant bank lawful holder of bill of lading – Carriage of Goods by Sea Act 1992 – Tort – Whether shipowner liable for civil conspiracy to defraud bank

(2012) 839 LMLN 2

Bills of lading

Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Ors (The “Alexandros T”) – QBD (Com Ct) (Burton J) – 19 December 2011

Practice – Compromise – Shipowner bringing proceedings against insurers to enforce marine insurance policy – Action settled on terms set out in Tomlin Order – Settlement agreement containing English jurisdiction clause – Shipowner subsequently bringing claims against insurers in Greece – Insurers applying for summary enforcement of Tomlin Order and also bringing fresh actions for declaratory and other relief – Whether shipowner’s claims in Greek proceedings precluded by terms of settlement – Whether insurers entitled to summary enforcement of Tomlin Order – Whether insurer’s actions should be stayed

(2012) 838 LMLN 3

Practice & Procedure, Jurisdiction and Enforcement

Five Oceans Salvage Ltd v Wenzhou Timber Group Co (The “Medea K”) – QBD (Com Ct)(Field J) – 23 November 2011

Arbitration – Jurisdiction – Serious irregularity – Salvage arbitrator making award against respondent cargo owners – Cargo owners contending they had not authorised representatives to act for them in the arbitration – Whether arbitrator retained jurisdiction to remedy alleged breach of natural justice – Whether innocent failure by arbitrator to give cargo owners opportunity of putting their case constituted serious irregularity – Arbitration Act 1996, sections 32 and 68

(2012) 838 LMLN 2

Jurisdiction

London Arbitration 12/11

Charterparty – Time charter terminated by owners for repudiatory breach – Vessel at sea carrying cargo on date of termination – Whether owners entitled to quantum meruit for carrying and discharging cargo subsequent to termination

(2011) 837 LMLN 3

Arbitration, Charterparty

London Arbitration 10/11

Charterparty – Freight – Tanker voyage charter – Freight payable at Worldscale rate – Worldscale not having any rate for discharge port – Charterers subsequently agreeing to pay port expenses – Whether separate agreement – Amoco Claims Clause – Owners’ claim for port charges/ freight not presented within stipulated period – Whether claim time-barred

(2011) 836 LMLN 3

Arbitration, Charterparty
Insurance & Finance

PT Buana Samudra Pratama v Marine Mutual Insurance Association (NZ) Ltd (The “Buana Dua”) – QBD (Com Ct) (Teare J) – 29 September 2011

Marine insurance – Institute Time Clauses – Hulls – Follow leader clause – Tug grounding on route to tow - Leader settling assured’s claim – Whether co-insurer entitled to reject claim on basis of breach of warranty notwithstanding leader’s settlement – Whether assured in breach of warranty – Whether assured could rely on held covered clause – Whether co-insurer discharged from liability by reason of assured’s fraudulent representations

(2011) 832 LMLN 2

Insurance & Finance

Société Telus Communications and Ors v Peracomo Inc and Ors (The "Realice") - Federal Court (Harrington J) - 6 May 2011

Limitation of liability - Limitation Convention - Fishing vessel's gear getting hooked on submarine fibre optic cable - Master of fishing vessel cutting submarine cable to release gear - Owners of cable bringing proceedings in personam and in rem - Whether defendants liable - Whether defendants entitled to limit liability - Whether underwriters entitled to deny coverage

(2011) 822 LMLN 3

Limitation of Liability, Insurance & Finance

Saldanha v Fulton Navigation Inc (The "Omega King") - QBD (Admlty Ct)(Jervis Kay QC, Admiralty Registrar) - 10 May 2011

Conflict of laws - Jurisdiction - Forum non conveniens - Indian crewmember of foreign-flagged vessel sustaining personal injury when vessel at anchor in United Kingdom territorial waters - Crewmember obtaining default judgment against shipowner - Shipowner challenging jurisdiction - Whether relevant jurisdiction that of vessel's flag or of littoral state - Whether forum non conveniens - Whether default judgment should be set aside

(2011) 822 LMLN 2

Conflict of Laws, Choice of Law, Choice of Forum, Tort Claims

FR Lürssen Werft GmbH & Co KG v Halle – QBD (Com Ct) (Simon J) – 29 October 2009

Conflict of laws – Applicable law – Whether commission agreement governed by English law – Rome Convention Article 3.1 – Forum non conveniens

(2009) 783 LMLN 2

Conflict of Laws, Choice of Law, Choice of Forum

MH Progress Lines SA v Orient Shipping Rotterdam BV (The “Genius Star 1”) – QBD (Com Ct)(Teare J) – 28 November 2011

Charterparty – NYPE form – Charterparty incorporating NYPE Interclub Agreement – Time bar – Charterparty expressly providing that claims to be made within 12 months of final discharge – NYPE Interclub Agreement providing that claims barred unless notified in writing within 24 months of delivery of cargo – Whether 12 months or 24 months limit applied to cargo claim

(2011) 837 LMLN 1

Charterparty

London Arbitration 11/11

Charterparty – Bunkers on delivery – Owners and former sub-charterers entering into new charter after premature termination of original head charter – Whether charterers obliged to pay for bunkers on delivery

(2011) 836 LMLN 4

Arbitration, Charterparty

London Arbitration 2/10

Contract – Compromise agreement between charterers and shipowners – Charterers warranting that weights of cargo correctly stated in draft survey summaries at loadport – Cargo measured by truck bridge-scale at discharge port – Discrepancy between weights as measured by truck bridge-scale and weights as stated in loadport draft survey summaries – Whether charterers in breach of warranty

(2010) 790 LMLN 2(2)

Arbitration, Carriage of Goods & Persons

Hawknet Ltd v Overseas Shipping Agencies and Ors – US Court of Appeals (2nd Circuit)(Winter, Cabranes and Hall Ct JJ) – 22 December 2009

Admiralty jurisdiction – Attachment of electronic funds - Whether decision in Shipping Corporation of India v Jaldhi Overseas retroactive

(2010) 787 LMLN 2

Admiralty, Practice & Procedure

The Shipping Corporation of India Ltd v Jaldhi Overseas Pte Ltd (The “Rishikesh”) – US Court of Appeals (2nd Circuit) (Feinberg, Winter and Cabranes Ct JJ) – 16 October 2009

Admiralty jurisdiction – Attachment of electronic funds in intermediary bank – Whether funds the “property” of the defendant - Whether funds subject to maritime attachment – Whether “Winter Storm” decision should be overruled

(2009) 782 LMLN 1

Admiralty