Pacific Merchant Shipping Association v Goldstene - US Court of Appeals (9th Circuit)(Cowen, Tashima and Silverman Ct JJ) - 28 March 2011

Conflict of laws - California enacting regulations requiring use of clean marine fuels by vessels operating within 24 miles of California - Plaintiff challenging regulations on constitutional grounds - Whether regulations invalidated by US federal law - Whether plaintiff entitled to summary judgment

(2011) 821 LMLN 2(2)

Choice of Law, Criminal Issues

Maritime New Zealand v Birchall (The “Santa Regina”) – Court of Appeal of New Zealand (O’Regan, Hugh Williams and Miller JJ) – 6 April 2009

Criminal law – Maritime Transport Act 1994 – Ferry nearly hitting rocks while transiting Marlborough Sounds at night – Statute requiring “Master” to notify incident to authorities as soon as practicable – Vessel under command of First Mate at time of incident while Master rested below – First Mate did not notify authorities until four days later – Whether First Mate was “Master” of vessel at time of incident – Whether First Mate rightly convicted of offence of failing to notify authorities as soon as practicable

(2009) 768 LMLN 3

Criminal Issues

United States of America v Ionia Management SA (The “Kriton”) – US Court of Appeals (2nd Circuit) (McLaughlin, Calabresi and Livingston Ct JJ) – 20 January 2009

Criminal law – Alleged violations of Act to Prevent Pollution on Ships – Foreign-flagged oil tanker carrying oil to US ports – Crew illegally discharging oily waste in high seas and falsifying vessel’s oil record book when vessel out of US waters – Whether vessel’s management company failed to “maintain” oil record book when in US waters

(2009) 765 LMLN 4

Criminal Issues

Transport and Logistic Consulting SA v Schlumberger Seaco Inc – QBD (Com Ct) (HH Judge Chambers QC sitting as a Judge of the Queen’s Bench Division) – 27 January 2009

Contract – Marine agents – Agreement to provide marine agency services to defendants at Luba free port in Equatorial Guinea – Agents making payment to customs authority for alleged customs infraction by defendants – Prime Minister of Equatorial Guinea asserting that payment was a bribe and imposing additional fine on agents – Agents seeking reimbursement from defendants – Whether payment to customs authority was a bribe

(2009) 763 LMLN 2

Criminal Issues

Raichandani and Anr v The Government of the Special Hong Kong Administrative Region – QBD (Admin Court)(Sir Anthony May, President QB, and Simon J) – 20 January 2009

The appellants, Mr and Mrs Raichandani, had lived in London since April 2000.

Crusader Fisheries Ltd and Anr v Maritime New Zealand – High Court of New Zealand (Wild J)– 11 December 2007

The fishing vessel Mi Jay was lost at sea.

Islamic Republic of Iran Shipping Lines v Turkey (The “Cape Maleas”) – European Court of Human Rights (Mr B M Zupancic, President, Mr C Birsan, Mr R Turmen, Mrs A Gyulumyan, Mr E Myjer, Mrs I Ziemele and Mrs I Berro-Lefevre, Judges) – 13 December 2007

By a charterparty dated 12 September 1991 on the NYPE form as amended, Islamic Republic of Iran Shipping Lines (“the charterers”) chartered the Cypriot-owned vessel Cape Maleas from the owners, Seabeach Shipping Ltd, for a time-charter trip to the South Iranian ports.

Albacore Fisheries Ltd and Anr v Ministry of Transport – High Court of New Zealand (Panckhurst J) – 8 June 2007

In order to determine whether the appellants were illegally fishing in the area of the Cook Strait protection zone (or whether, as the appellants contended, they were fishing in a 200 metre exemption zone), it was necessary to consider the correct definition of “low water mark”, and in particular the low water mark on the rugged coastline adjacent to Oteranga Head.

Maritime New Zealand v Crusader Fisheries Ltd and Anr – Nelson District Court (Judge John Walker) – 28 March 2007

The fishing vessel Mi Jay was lost at sea. The vessel sailed from Nelson on 22 November 2005.

R v Goodwin - Court of Appeal (Criminal Division) (Lord Phillips LCJ, Rafferty and Mackay JJ) - 7 December 2005

The defendant was riding a Yamaha Waverunner jet ski ("the Waverunner") at Bowleaze Cove, Weymouth when he collided with another jet ski which was stationary in the water.

R v Ayliffe and Ors - Cardiff Crown Court (HH Judge Griffith Williams QC, Recorder of Cardiff) - 3 February 2005

The prosecution alleged that the 13 defendants were connected with Greenpeace UK and were opposed to the use of genetically modified food products.

Messemaker v Ministry of Agriculture Fisheries and Food (The 'Anna Hendrika') - Divisional Court (Laws LJ and Newman J) - 6 November 2001

On 17 January 2001 the appellant pleaded guilty to the offence of failing to comply with a specified European Community provision, namely Article 6(1) of Council Regulation (EEC) No 2897/93 ('the EEC Regulation') in that he failed to keep a logbook of his fishing operations in the prescribed manner.

Targe Towing Ltd and Anr v The Owners and all persons claiming an interest in the vessel “Von Rocks” - High Ct (Admlty)(Barr J) - 17 January 1997

The plaintiffs brought a claim in negligence and breach of contract arising out of the preparation of the Von Rocks by the defendants for towage by the plaintiffs from Sweden to Scotland in 1994.

United States of America v Rivera - US Court of Appeals (1st Circuit)(Sitting en banc) - 2 December 1997

This case arose out of a major oil spill that occurred during the night of 6/7 January 1994 off the coast of San Juan, Puerto Rico.