Maritime Shipping in UK Law

Leading Cases
  • Stag Line Ltd v Foscolo, Mango & Company Ltd
    • House of Lords
    • 10 Diciembre 1931

    It is important to remember that the Act of 1924 was the outcome of an International Conference and that the rules in the Schedule have an international currency. As these rules must come under the consideration of foreign Courts it is desirable in the interests of uniformity that their interpretation should not be rigidly controlled by domestic precedents of antecedent date, but rather that the language of the rules should be construed on broad principles of general acceptation.

  • Hillas & Company Ltd v Arcos Ltd
    • House of Lords
    • 05 Julio 1932

    Business men often record the most important agreements in crude and summary fashion: modes of expression sufficient and clear to them in the course of their business may appear to those unfamiliar with the business far from complete or precise. It is accordingly the duty of the Court to construe such documents fairly and broadly, without being too astute or subtle in finding defects, but, on the contrary, the Court should seek to apply the old maxim of English law,

  • Monarch Steamship Company Ltd v Karlshamns Oljefabriker (A/B)
    • House of Lords
    • 09 Diciembre 1948

    It was necessary to lay down principles lest juries should be persuaded to do injustice by imposing an undue, or perhaps an inadequate, liability on a defendant. The Court must be careful, however, to see that the principles laid down are never so narrowly interpreted as to prevent a jury, or judge of fact, from doing justice between the parties.

  • Midland Silicones Ltd v Scruttons Ltd
    • House of Lords
    • 06 Diciembre 1961

    I can see a possibility of success of the agency argument if (first) the Bill of Lading makes it clear that the stevedore is intended to be protected by the provisions in it which limit liability, (secondly) the Bill of Lading makes it clear that the carrier, in addition to contracting for these provisions on his own behalf, is also contracting as agent for the stevedore that these provisions should apply to the stevedore, (thirdly) the carrier has authority from the stevedore to do that, or perhaps later ratification by the stevedore would suffice, and (fourthly) that any difficulties about consideration moving from the stevedore were overcome.

  • Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA
    • House of Lords
    • 18 Mayo 1978

    In my opinion the clause may very appropriately and should be regarded as such an intermediate term: to do so would recognise that while in many, possibly most, instances, breach of it can adequately be sanctioned by damages, cases may exist in which, in fairness to the buyer, it would be proper to treat the cancellation as not having effect. On the other hand, always so to treat it may often be unfair to the seller, and unnecessarily rigid.

  • Anglo-Saxon Petroleum Company Ltd v Adamastos Shipping Company Ltd (Saxon Star.)
    • Court of Appeal
    • 16 Abril 1957

    This Bill of Lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, approved April 16th, 1936, which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of Its rights or immunities or an increase of any of its responsibilities or liabilities under said Act.

  • Alma Shipping Corporation of Monrovia v Mantovani (Dione)
    • Court of Appeal (Civil Division)
    • 20 Noviembre 1974

    (e) If the charterer sends the vessel on an illegitimate last voyage that is, a voyage which it cannot be expected to complete within the charter period, then the shipowner is entitled to refuse that direction and call for another direction for a legitimate last voyage. If the charterer refuses to give it, the shipowner can accept his conduct as a breach going to the root of the contract, fix a fresh charter for the vessel, and sue for damages.

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Books & Journal Articles
  • Green Shipping: Governing Sustainable Maritime Transport
    • Nbr. 6-2, May 2015
    • Global Policy
    Maritime shipping is integral to the global economy. Over 80 per cent of traded goods travel by ship. While states and the International Maritime Organization (IMO) have stalled in the regulation o...
  • Unsatisfactory Implication - a Case for Revision. Dalmare SpA v Union Maritime Ltd and Valor Shipping Ltd [2012] EWHC 3537 (Comm)
    • Nbr. 3-1, January 2013
    • Southampton Student Law Review
    • Mateusz Bek
    • 69-72
    Until the decision in Air Transworld1 it had been trite law that unequivocal language was necessary in order to exclude from a contract a term implied by a statute. The recent judgement in The Unio...
  • Global Collective Bargaining on Flag of Convenience Shipping
    • Nbr. 42-1, March 2004
    • British Journal of Industrial Relations
    The most significant case of transnational union bargaining co‐ordination in existence is in the maritime shipping industry. A global union association, the International Transport Workers’ Federat...
    ...... Shipping Nathan Lillie Abstract The most significant case of transnational union bargaining co-ordination in e xistence is in the maritime shipping industry. A g lobal union association, the International Transport W orkers’ Feder ation (ITF), and a global employers’ f ederation, the ......
  • ‘Diving for dope’: Identity in submarine drug policing at the ‘maritime gateway to Europe’
    • Nbr. 19-1, January 2022
    • European Journal of Criminology
    This article offers an ethnographic account of everyday identity (re)configuration in submarine policing by the Dutch Customs Diving Team (CDT) officers of illegal underwater drug trafficking in th...
    ...... a superior policing Self through an inferior policed Other for which (discriminating) stigmas that exist about drug trafficking, maritime shipping and (counter-narcotics) policing are (unwillingly) used and amplified. Keywords Submarine policing, Port of Rotterdam, Customs Diving Team, drug ......
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Forms
  • Application for restricted limitation decree
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
    ...... the claimant’s right to limit liability under the Merchant Shipping Act 19. . (2). a restricted limitation decree pursuant to the Merchant ......
  • Request for caution against arrest
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
  • Application for general limitation decree
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
  • Defendant's claim in a limitation claim
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
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