I was re-reading the Ikarian Reefer only last week – Practical Law: Construction Blog

Posted June 6th, 2018 in expert witnesses, news, personal injuries, ships by tracey

‘Sometimes the old cases are the best ones and that surely has to be true of the Ikarian Reefer. Even now, over 25 years since the judgment at first instance was handed down (and countless other pieces of guidance have been published) we still see experts getting it wrong.’

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Practical Law: Construction Blog, 5th June 2015

Source: constructionblog.practicallaw.com

Determination of preliminary points of law by courts in arbitration and adjudication – Practical Law: Construction Blog

Posted June 5th, 2018 in arbitration, construction industry, news, ships by tracey

‘The Palladium is a mighty fine looking “superyacht”. It is an impressive 95 metres long and has all the features one would expect on such a luxury craft, including a helicopter landing pad and swimming pool. A Google search suggests that the yacht is worth circa $200 million, so one can see that a defect in the paint finish would be costly to rectify. It is this defect that ultimately led the parties to an arbitration, for which a five-week hearing was set.

The case ended up before the court because, during the arbitration, an issue arose as to whether the yacht builder’s without prejudice settlement offer had been accepted by the purchaser in correspondence. The purchaser contended that a binding settlement had been reached, which the builder denied.’

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Practical Law: Construction Blog, 29th May 2018

Source: constructionblog.practicallaw.com

Laser pen offenders face five years in jail and unlimited fines under new laws – The Independent

Posted December 21st, 2017 in aircraft, bills, fines, health & safety, news, road traffic, sentencing, ships, transport by tracey

‘People who shine lasers at air, ground and sea vehicles could be jailed for up to five years under new laws. Offenders also face unlimited fines as part of Department for Transport (DfT) measures to boost safety.’

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The Independent, 20th December 2017

Source: www.independent.co.uk

Arbitration: ‘Non-existent’ respondents – Law Society’s Gazette

Posted September 4th, 2017 in arbitration, jurisdiction, news, ships, statutory interpretation, succession by sally

‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’

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Law Society's Gazette, 4th September 2017

Source: www.lawgazette.co.uk

Mooring Rights – Falcon Chambers

Posted December 1st, 2016 in news, rights of way, ships, water by sally

‘Mooring involves attaching a boat to the bed or to the bank of a river. So the first stage of the analysis involves establishing who owns the bed and/or the bank.’

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Falcon Chambers, October 2016

Source: www.falcon-chambers.com

High Court rejects judicial review challenge of Greenwich cruise liner terminal planning permission – OUT-LAW.com

Posted August 16th, 2016 in news, planning, pollution, ships by sally

‘A High Court Judge has rejected a judicial review challenge to overturn the proposal for a cruise liner terminal at Enderby Wharf, London.’

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OUT-LAW.com, 15th August 2016

Source: www.out-law.com

The mysterious case of the drug-smuggling fishermen – BBC News

Posted July 19th, 2016 in appeals, drug trafficking, evidence, miscarriage of justice, news, ships by sally

‘In 2011, a group of men from the Isle of Wight was given a combined 104-year prison sentence for masterminding a £53m drug smuggling operation. Does new evidence suggest they were innocent?’

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BBC News, 19th July 2016

Source: www.bbc.co.uk

UK Border Force given new powers to protect coast – The Guardian

Posted June 2nd, 2016 in asylum, immigration, news, ships by sally

‘New powers for Border Force officers to board boats and arrest anyone they suspect of attempting a clandestine entry to Britain have come into force as part of a package of measures ordered earlier this year by the home secretary, Theresa May.’

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The Guardian, 31st May 2016

Source: www.guardian.co.uk

Let’s call it quits: Cruise ships, capital losses and mitigation – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, arbitration, charterparties, contracts, damages, news, ships by sally

‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘

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Commercial Disputes Blog, 17th February 2016

Source: www.rpc.co.uk

Court of Appeal: shipping fuel supply agreement was not ‘sale of goods’ – OUT-LAW.com

Posted October 27th, 2015 in agreements, appeals, consumer credit, news, sale of goods, ships by sally

‘A contract for the supply of marine fuel on credit was not governed by the 1979 Sale of Goods Act (SOGA), because full legal ownership of the fuel did not pass to the owners of the vessel before it was consumed, the Court of Appeal has ruled.’

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OUT-LAW.com, 26th October 2015

Source: www.out-law.com

End of the line for Eurotunnel ferry service as CAT scuppers appeal – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, mergers, news, ships, transport, tribunals by sally

‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’

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Zenith Chambers, 13th January 2015

Source: www.zenithchambers.co.uk

Portsmouth docks cocaine smuggling gang jailed – BBC News

Posted September 1st, 2014 in abuse of position of trust, drug trafficking, news, sentencing, ships by sally

‘Ten people have been jailed for up to 20 years for attempting to smuggle millions of pounds worth of cocaine in crates of bananas and pineapples.’

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BBC News, 29th August 2014

Source: www.bbc.co.uk

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Reeves (Listing Officer) v Northrop – WLR Daily

Posted April 19th, 2013 in appeals, council tax, housing, law reports, local government, ships, valuation by tracey

Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362;   [2013] WLR (D)  141

“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Randy, rating, and his (house)boat – UK Human Rights Blog

Posted April 18th, 2013 in council tax, housing, news, ships, valuation by sally

“Randy Northrop is a Californian and a wanderer in spirit. He lives with his family aboard MY Cannis – see the pic. He got fed up of ‘living in a grotty council house in a rough area’ of Bristol, so bought and renovated this former Thames tug. And nice inside it sounds too – two open fireplaces, several flat screen TVs, a music room and grand piano.”

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UK Human Rights Blog, 18th April 2013

Source: www.ukhumanrightsblog.com

Dalmare SpA v Union Maritime Ltd and another – WLR Daily

Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391

“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”

WLR Daily, 13th December 2012

Source: www.iclr.co.uk

Reeves (Listing Officer) v Northrop – WLR Daily

Posted March 8th, 2012 in council tax, domicile, law reports, rates, ships by sally

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin); [2012] WLR (D) 61

“In determining whether a property was a rateable hereditament within section 115(1) of the General Rate Act 1967, duration of occupation would always be an important factor when deciding whether or not occupation was not too transient, but it would not necessarily be the only relevant factor.”

WLR Daily, 6th March 2012

Source: www.iclr.co.uk

Rainy Sky SA and others v Kookmin Bank – WLR Daily

Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311

“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk

Cornish student who stole family yacht jailed after mother presses charges – The Guardian

Posted October 13th, 2011 in families, news, sentencing, ships, theft by tracey

“A student who stole his family’s £10,000 yacht and needed to be rescued by a lifeboat crew has been jailed for nine months after his mother reported him to police.”

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The Guardian, 13th October 2011

Source: www.guardian.co.uk

Houseboat tenants ‘forced to move’ from Bembridge home – BBC News

Posted August 18th, 2011 in housing, landlord & tenant, news, ships by sally

“A couple who have lived in a houseboat on the Isle of Wight for 20 years say they are being forced to leave their home after they lost a legal bid.”

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BBC News, 16th August 2011

Source: www.bbc.co.uk