Case Law Quotes

Time Charters. Off-hire due to seizure and capture - the Supreme Court decision in The Global Santosh.

The Supreme Court allowing charterers’ appeal held, that for the head time charterers to be responsible for something that sub-charterers or seller and/or buyer, acting under independent sale contract between themselves, might do which results in the detention of the ship, there must be some nexus between the occasion for the arrest and the function which the seller or the buyer are performing as "agent" of the charterers.

Read more: http://www.lawandsea.net/index.html

Sign up for a newsletter → 28 December 2016. Time Charters. Off-hire due to seizure and capture, The Global Santosh. The Supreme Court allowing charterers’ appeal held, that for the head time charterers to be responsible for something that... -..

Goods Undelivered. Seller’s property and the buyer’s risk.
Lord Mance in PST Energy 7 Shipping LLC & Anor v OW Bunker Malta Ltd & Anor [2016] UKSC 23 at paras 56:
The price may therefore be recovered in respect of goods undelivered which remain the seller’s property but are at the buyer’s risk and are destroyed by perils of the seas or by fire. The present situation is in my opinion a fortiori. The price of bunkers, which remain the seller’s property but which are both (i) at the buyer’s risk as regards damage or destruction (clause G.12) and (ii) also permitted by the express terms of the contract to be destroyed by use for the Owners’ commercial benefit, must be equally recoverable. I add that I do not suggest that this is the limit of the circumstances outside section 49 in which the price may be recoverable.
Read more: http://caselawquotes.net/G/Goods_Undelivered_sellers_property_at_buyers_risk.html

Torture
In A and Others v Secretary of State for the Home Department (No 2) [2005] EWCA Civ 1123; [2005] 1 WLR 414 in the Court of Appeal Neuberger LJ said at para 414:

… one of the principal reasons why a confession made by an accused is excluded from evidence unless it was voluntary is that such a confession is self evidently unreliable. That reason would apply with equal force to a statement obtained from a third party under torture.
Read more: http://caselawquotes.net/T/Torture.htmlhttp://caselawquotes.net/T/Torture.htmlhttp://caselawquotes.net/T/Torture.html

Trip Time Charter. Per Popplewell J in The Wisdom C [2014] EWHC 1884 (Comm) at para 11:
it is sufficient to note that from the charterer’s perspective one of the advantages which a time charter (including a time trip time charter) has over a voyage charter is that voyage orders under a time charter do not constitute an irrevocable election: see, for example, the comments of Donaldson J in The Aragon [1975] 1 Lloyd’s Rep 628 at p633 lhc where he stated that it was "wholly foreign to the whole conception of a time charter-party, which entitle[s] the charterer upon paying the hire to call upon the vessel to visit any port or ports which he wishe[s] within trading limits subject to any express agreement to the contrary".
Read more: http://caselawquotes.net/T/Trip_TimeCharter.html

Case Law Quotes | Trip, Time Charter Case law quotes on and legal definition of - Trip, Time Charter -the length of the period of hire is limited by a trip defined within a geographical range (and sometimes, though not in this case, by a maximum duration), the nature of the contract for the duration of the period remains that of making…

About.
In The Al Bida [1987] 1 Lloyd’s Rep. 124, per Parker LJ :
The margin imported in the word "about" cannot be fixed as a matter of law. The margin must, as the arbitrators rightly held, "be tailored to the ship’s configuration, size, draught and trim etc". There is no ground upon which the arbitrators can be required to state what the margin they have adopted.
Read more: http://caselawquotes.net/A/About.html

Case Law Quotes | About Case law quotes on and legal definition of - About. The margin imported in the word "about" cannot be fixed as a matter of law.

Speed Warranty in T/C.
The Gas Enterprise [1993] 2 Lloyd's Rep. 352
Once the average speed and the average bunker consumption have been calculated, the figures are to be used for the purpose of seeing whether and to what extent there has been a resulting loss in time or saving in time and a resulting excess bunker consumption or saving in bunker consumption.
Once it is accepted that in all cases involving a claim by charterers for loss of time or for a loss resulting from excess bunker consumption, … , it makes no sense to construe that paragraph restrictively so as only to confer a remedy on either party for those parts of the chartered service where the weather conditions are of force 4 or less.
Read more: http://caselawquotes.net/S/SpeedWarranty.html

Case Law Quotes | Speed Warranty Case law quotes on and legal definition of - Speed Warranty. Per Mocatta J in Cosmos Bulk Transport Inc v China National Foreign Trade Transportation Corporation - [1978] 1 All ER 322, The Didymi [1988] 2 Lloyd’s Rep. 108 per Bingham LJ at p.117, The Gas Enterprise [1993] 2 Lloyd's Reports 352 per L…