Farstad Supply AS v Enviroco Ltd (The “Far Service”)(No 2) – Court of Session (Outer House)(Lord Hodge) – 14 September 2011

Practice – Pre-judgment interest – Mismatch between judicial rate of interest at 8 per cent and much lower rates available in market – Whether interest on damages should be awarded at a rate less than 8 per cent

(2011) 832 LMLN 4

Damages

Glory Wealth Shipping Pte Ltd v Korea Line Corporation (The "Wren") - QBD (Com Ct)(Blair J) - 14 July 2011

Charterparty - Damages - Time charter - Charterers wrongfully redelivering vessel early - Measure of damages - No available long-term charter market at date of termination - Relevance of later emergence of available long-term charter market

(2011) 827 LMLN 1

Hire Rate/Payment, Damages

London Arbitration 3/11

Sale of ship - Damages - Buyers obtaining injunction restraining sellers from dealing with vessel - Injunction preventing delivery of ship - Buyers held to be in repudiatory breach of MacKay v Dick implied term of MOA - Buyers forfeiting deposit - Sellers claiming damages for loss of charterparty earnings - Causation - Whether claim to be assessed on basis that buyers would have taken delivery of vessel - Whether credit to be given for deposit - Whether sellers to give credit for difference between contract price and market value of ship

(2011) 825 LMLN 2

Arbitration, Sale of ship, Charterparty, Injunctions and Remedies, Damages

London Arbitration 2/11

Charterparty - Redelivery - Charterers purporting to redeliver vessel early - Whether charterers in anticipatory breach - Whether owners accepted breach as terminating charter - Quantum of damages - Interest

(2011) 823 LMLN 3

Arbitration, Charter Interpretation, Damages

Alphamate Commodity GmbH v CHS Europe SA and Anr (The "Golden Star") - United States Court of Appeals (5th Circuit)(Jones CJ, Prado Ct J and O'Connor DJ) - 29 November 2010

The plaintiff (“Alphamate”) obtained a Rule B attachment in New Orleans on a shipment of corn that had been loaded on the vessel Golden Star bound for Green Valley for Animal Feed Libya (“AFL”) in Tripoli, Libya.

Ispat Industries Ltd v Western Bulk Pte Ltd (The "Sabrina 1") - QBD (Com Ct)(Teare J) - 31 January 2011

The vessel Sabrina 1 was chartered pursuant to the terms of a fixture recap dated 21 December 2007 which provided inter alia:

London Arbitration 18/10

The vessel was chartered on the Sugar Charter Party 1999 form for the carriage of “a full and complete cargo of 13,100 net metric tons minimum/maximum of sugar in loose 50 kg bags” from Santos to Tartous.

Glory Wealth Shipping Pte Ltd v North China Shipping Ltd (The “North Prince”) – QBD (Com Ct)(David Steel J) – 8 July 2010

The vessel North Prince was time-chartered by the claimant subcharterers (“charterers”) from the defendant disponent owners (“owners”) for a period from the date of delivery to “minimum 27 June 2009”.

Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd (The “Kildare”) – QBD (Com Ct) (David Steel J) – 28 April 2010

On 5 December 2007 the claimant owners (“Zodiac”) concluded a Consecutive Voyage Charterparty (“the CVC”) with the defendant charterers (“FMG”).

Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd (The “Sylvia”) – QBD (Com Ct)(Hamblen J) – 18 March 2010

The vessel Sylvia was chartered on an amended NYPE form initially for 2-4 months +/-15 days, but later extended for a further period of min/max 11/13 months in charterers’ option at a hire rate of US$5,900 per day.

Glencore Energy UK Ltd v Transworld Oil Ltd – QBD (Com Ct)(Blair J) – 3 February 2010

On 6 March 2008 the claimant buyer (“Glencore”) agreed to buy a quantity of Nigerian crude oil known as Ukpokiti from the defendant seller (“Transworld”) on fob terms with a laycan of 25-29 March 2008.

Dalwood Marine Co v Nordana Line A/S (The “Elbrus”) – QBD (Com Ct) (Teare J)– 21 December 2009

The vessel Elbrus was chartered on an amended NYPE 1993 form for a period which, in the event, would have determined on 13 May 2005.

The owners of the ship “Ariela” v The owners and/or demise charterers of the dredger “Kamal XXVI” and the barge “Kamal XXIV” – QBD (Com Ct) (Burton J) – 10 December 2009

The owners and/or demise charterers of the dredger Kamal XXVI and the barge Kamal XXIV (“Kamal”) brought proceedings against the owners of the ship Ariela (Ariela) arising out of a collision on 30 April 2004 between the Ariela and the barge, said to have caused the barge itself to collide with the dredger, with the alleged result of causing substantial damage to both barge and dredger, leading to very considerable consequential loss.