Category: shipping law

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd – WLR Daily

Posted August 10th, 2010 in charterparties, damages, expenses, law reports, shipping law, tribunals by sally

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230

“An arbitral tribunal in assessing damages for breach of contract had been wrong to treat a claim for wasted expenses and a claim for loss of profits as two separate and independent claims which could not be ‘mixed’. Both claims were governed by the principle which required the court to make a comparison between the claimant’s current position and what it would have been had the contract been performed. Where steps had been taken to mitigate the loss which would otherwise have been caused by a breach of contract that principle required the benefits obtained by mitigation to be set against the loss which would otherwise have been sustained.”

WLR Daily, 6th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Farstad Supply AS v Enviroco Ltd – WLR Daily

Posted May 7th, 2010 in charterparties, law reports, negligence, Scotland, shipping law, Supreme Court, third parties by sally

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Lord’ wins right to shipwrecks – at a price – The Times

Posted June 16th, 2008 in news, shipping law, wrecks by sally

“A businessman who bought two lordships for himself at auction has won the right to a half share of any wreck that washes up on a long stretch of the Pembrokeshire coastline. ”

Full story

The Times, 14th June 2008

Source: www.timesonline.co.uk

International Transport Workers’ Federation and Another v Viking Line ABP and Another – Times Law Reports

Posted December 14th, 2007 in EC law, freedom of establishment, industrial action, law reports, shipping law by sally

International Transport Workers’ Federation and Another v Viking Line ABP and Another

Court of Justice of the European Communities

“The protection of workers could justify industrial action causing a restriction on freedom of establishment of a shipowner proposing to reflag the vessel for economic reasons.”

The Times, 14th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ferry captain cleared over yacht deaths – The Times

Posted December 14th, 2007 in homicide, news, shipping law by sally

“The mystery of what happened to a yacht that sank off the Isle of Wight with the loss of its three crew members may never be solved after a ferry officer was cleared yesterday of causing their deaths.”

Full story

The Guardian, 14th December 2007

Source: www.guardian.co.uk

Legal fears left Atlantic Conveyor defenceless – The Times

Posted December 11th, 2007 in news, shipping law, weapons by sally

“A helicopter-carrying merchant ship that sank with the loss of 12 men after being hit by two Exocet missiles in the 1982 Falklands conflict was unarmed and unprotected because Ministry of Defence lawyers feared that it was illegal to fit a commercial vessel with weapon systems, according to newly released classified documents.”

Full story

The Times, 11th December 2007

Source: www.timesonline.co.uk