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

Negligence – Personal injury – Athens Convention – Passenger on defendant’s cruise ship slipping on liquid on floor of ship’s restaurant – Whether prima facie case of negligence established – Whether defendant negligent

(2011) 834 LMLN 2

Tort Claims, Loss/Damage

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

The United States of America v Shochat and Ors (The "Altuvia") - Supreme Court of Israel (Naor, Hayut and Amit JJ) - 3 August 2010

Sovereign immunity - US Fleet engaging transport vessel to carry crew members of anchored aircraft carrier back to carrier - Transport vessel sinking and causing deaths and personal injuries - Wrongful death and personal injury claims made against owners of transport vessel - Owners making third party claim against United States - Whether United States entitled to rely on defence of sovereign immunity

(2011) 817 LMLN 3

Tort Claims

Combo Maritime Inc v US United Bulk Terminal LLC and Ors – US Court of Appeals (5th Circuit) (Jolly and Garza Ct JJ and Miller DJ) – 23 August 2010

Tort – Defendant’s barges breaking free of moorings and damaging plaintiffs vessel – Defendant bringing third-party proceedings against cruise ship operator – Defendant alleging that barge breakaway caused by negligent navigation of cruise ship – Cruise ship operator obtaining summary judgment against defendant’s third party claims on basis of drifting presumption – Whether rule in The Louisiana applicable

(2010) 806 LMLN 2

Collision, Tort Claims

Bowoto v Chevron Corporation – US Court of Appeals (9th Circuit) (Mary M Schroeder and Jay S Baybee Ct JJ and Owen M Panner DJ) – 10 September 2010

Chevron Nigeria Ltd (“CNL”) operated the Parabe oil platform nine miles off the coast of Nigeria.

Reino de Espana v The American Bureau of Shipping and Ors – US District Court (SDNY) (Laura Taylor Swain DJ) – 3 August 2010

On 19 November 2002 the oil tanker Prestige, registered in the Bahamas, sank off the coast of Spain.

Crescent Towing & Salvage Co Inc and Anr v Chios Beauty MV and Ors – US Court of Appeals (5th Circuit)(Garwood, Smith and Clement Ct JJ) – 23 June 2010

On 25 August 2005 the Chios Beauty left Vera Cruz, Mexico, bound for New Orleans to load a cargo of grain.

Todd v Steamship Mutual Underwriting Association (Bermuda) Ltd – US Court of Appeals (5th Circuit)(Garwood, Wiener and Benavides Ct JJ) – 18 March 2010

In 2000 the plaintiff was injured while serving as a chef onboard the m/v American Queen , a replica steamboat owned and operated by the Delta Queen Steamboat Company (“Delta Queen”).

Kolmar Group AG v Traxpo Enterprises Pvt Ltd – QBD (Com Ct)(Christopher Clarke J) – 1 February 2010

On 27 August 2007 the claimant (“Kolmar”) agreed to buy and the defendant (“Traxpo”) agreed to sell (a) 15,000 mt methanol +/-5% at Buyer’s option at $255 per mt and (b) an optional 2-3,000 mts of cargo +/-5% in Buyer’s option at $265 per mt; in each case FOB Kandla for shipment within September 2007.

George v Coastal Marine 2004 Ltd (The “Bon Ami”) – QBD (Com Ct) (Gloster J) – 21 April 2009

In May 2005 the wooden motor drifter (former MFV) Bon Ami , owned by the claimant, “grounded hollow” at a tidal berth at the defendant’s shipyard at Cremmyl in Cornwall.