Great Eastern Shipping Co Ltd v Far East Chartering Ltd and Anr (The “Jag Ravi”) – Court of Appeal)(Longmore, Tomlinson and Davis LJJ) – 9 March 2012

Contract – Letter of indemnity – Shipowners delivering cargo without production of bills of lading – Whether shipowners entitled to enforce letter of indemnity issued by receivers – Whether delivery constituted “delivery” under letter of indemnity – Whether receivers entitled to rely on defence of public policy – Contracts (Rights of Third Parties) Act 1999

(2012) 844 LMLN 1

Contractual Disputes, Sale of Goods

Michael v Musgrave (The “Sea Eagle”) – Admlty Ct (Jervis Kay QC, Admiralty Registrar) – 7 June 2011

Athens Convention – Time bar – Claimant sustaining personal injury whilst being carried as a passenger on rigid inflatable boat in Menai Strait – Whether RIB was a “ship” – Whether “seagoing” – Whether claim subject to two-year limitation period

(2012) 844 LMLN 3

Carriage of Goods & Persons

GVI Logistics Ltd v Goat NZ Ltd – High Court of New Zealand (Fogarty J) – 7 December 2011

Carriage of goods – Package limitation – Shelf life of perishable cargo reduced by reason of incorrect container temperature setting – Whether carrier entitled to rely on limitation provisions in New Zealand Carriage of Goods Act 1979

(2012) 841 LMLN 3

Loss/Damage

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

PEC Ltd v Thai Maparn Trading Co Ltd – QBD (Com Ct) (Hamblen J) – 13 December 2011

The claimant buyers and the defendant sellers concluded an FOB contract for the sale of 22,000 mt of Thai parboiled long grain rice.

Sideridraulic Systems SpA and Anr v BBC Chartering & Logistic GmbH & Co KG (The “BBC Greenland”) – QBD (Comm Ct)(Andrew Smith J) – 30 November 2011

By a fixture recap of 16 September 2009 the defendant carriers booked the carriage of two shipments of sand filter tanks, the first shipment being of 13 tanks and the second being of 10 tanks.

Dawkins v Carnival plc – Court of Appeal (Pill, Moore-Bick and Aikens LJJ) – 27 October 2011

The claimant was a passenger on the defendant’s cruise ship Oriana.

Glencore Energy (UK) Ltd v Sonol Israel Ltd (The “Team Anmaj”) – QBD (Com Ct)(Beatson J) – 26 October 2011

The claimant sellers entered into two contracts to sell 18,100 mt of gasoil to the defendant buyers on 15 December 2004 and 10 January 2005 to be delivered between 1 and 12 January 2005 at Ashkelon, Israel.

Thai Maparn Trading Co Ltd v Louis Dreyfus Commodities Asia Pte Ltd – QBD (Com Ct)(Beatson J) – 4 October 2011

By two contracts of sale dated respectively 24 July 2009 and 13 August 2009 the claimant sellers agreed to sell a quantity of rice to the defendant buyers FOB Bangkok/Kohsichang on the terms of GAFTA Form 120.

Riva Bella SA v Tamsen Yachts GmbH (The "Namaste") - QBD (Comm Ct)(Eder J) - 6 June 2011

The claimant buyer, a Luxembourg company, agreed to purchase the super yacht M/Y Namasté from the defendant seller, a German company, pursuant to an agreement dated 14 May 2008.

Suek AG v Glencore International AG (The "Hang Ta") - QBD (Com Ct)(Burton J) - 19 May 2011

By a contract of sale dated 1 December 2009 the claimant seller agreed to sell to the defendant buyer 390,000 mts +/- 10% at the seller’s option of unclean coal in six shipments across the four quarters of 2010 on a cif basis.

Milan Nigeria Ltd v Angeliki B Maritime Company (The "Angeliki B") - QBD (Com Ct)(Gloster J) - 8 April 2011

Disputes arose between the claimant cargo owners and the defendant owners of the vessel Angeliki B arising out of alleged short delivery and alleged caking/wetting damage to a cargo of bagged rice.

UPS Supply Chain Solutions Inc v Qantas Airways Ltd - US Court of Appeals (9th Circuit)(O'Scannlain, Gould and Ikuta Ct JJ) - 10 February 2011

On 14 November 2004 UPS’s predecessor-in-interest contracted with Air New Zealand Engineering Ltd to ship a turbine aircraft engine from New Zealand to the United States.